Sweeny v. Daugherty
Supreme Court of Iowa
Appeal from Linn District Court. Former adjudication : splitting causes oe action, etc. The question in the case is, whether the action is barred by a certain other recovery by plaintiff against defendant, before a justice of tbe peace. Tbe present action was brought in March, 1866, in the District Court of Linn county.
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Appeal from Linn District Court. Former adjudication : splitting causes oe action, etc. The question in the case is, whether the action is barred by a certain other recovery by plaintiff against defendant, before a justice of tbe peace. Tbe present action was brought in March, 1866, in the District Court of Linn county. The plaintiff claims $332.50 and interest, and alleges that the defendant, as plaintiff’s agent, sold and received the proceeds of the following property belonging to the plaintiff, viz.: One horse, six hogs and certain land, which he was to account for, but has failed and-…
1Opinion of the CourtDillon, J.
i. koemeb áhjüdmsum of action. Difficulty is frequently experienced in deciding questions of this character. This difficulty is often increased instead of diminished, if reliance be alone placed upon adjudged cases in making the decision. That a party shall not be allowed to split up an entire and indivisible claim, and recover upon it in fragments, in different actions, is in itself most reasonable, and plain enough upon the authorities. For one and the same cause of action, a party should not be vexed with a multitude of suits. There is no reason why he should be. There are many reasons why…
2Cases cited2 opinions
- Secor v. . SturgisNew York Court of Appeals · 1858
- Colvin & Van Patten v. CorwinNew York Supreme Court · 1836
3Cited by7 opinions
- Schnuettgen v. MathewsonSupreme Court of Iowa · 1929
- Kenyon v. WilsonSupreme Court of Iowa · 1889
- In re Richter's EstateU.S. Circuit Court for the District of Iowa · 1870
- Des Moines Savings Bank & Trust Co. v. LittellSupreme Court of Iowa · 1929
- Jones v. KnutsonSupreme Court of Iowa · 1931
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