Sands v. Wood
Supreme Court of Iowa
Appeal from the Wapello District Court This suit was commenced by tbe plaintiff, on tbe 7th day ■of March, 1853, against Wood and one Joseph Thompson. 'The petition reads as follows: “ To the District Court of Wapello county. Your petitioner, Darid Sands, claims of •the defendants, Joseph Thompson and Andrew Ds Wood, the sum of two hundred and sixty-six dollars and fifty-one «cents, which he alleges to be due him from the said defendants.
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Appeal from the Wapello District Court This suit was commenced by tbe plaintiff, on tbe 7th day ■of March, 1853, against Wood and one Joseph Thompson. 'The petition reads as follows: “ To the District Court of Wapello county. Your petitioner, Darid Sands, claims of •the defendants, Joseph Thompson and Andrew Ds Wood, the sum of two hundred and sixty-six dollars and fifty-one «cents, which he alleges to be due him from the said defendants. And for cause of such claim states, that Joseph Thompson, one of the said defendants, executed a promissory note to the said Andrew D. Wood, dated January…
1Opinion of the Court
Woodwaed, J.(1)
It is not easy to determine whether tbe petition in tbis case, is at law or in chancery. It seems to be an amalgamation of a petition at law on a promissory; note, and in chancery, to foreclose a mortgage, given to secure tbe payment of tbe note. While tbe Code intends to. *266produce facility in tbe practice, and permits tbe union of several causes of action in tbe same petition (§ 1751), it does not intend to favor confusion. Before tbe adoption of tbe Code, several causes of action (witbin certain limits) might be united in tbe same declaration, but tbey must be stated in…
2Cited by10 opinions
- Markey v. CoreyMichigan Supreme Court · 1895
- Dunham v. PetersonNorth Dakota Supreme Court · 1896
- Harrison v. McKimSupreme Court of Iowa · 1865
- Sears v. Lantz & BatesSupreme Court of Iowa · 1878
- Behrens v. KirkgardCourt of Appeals of Texas · 1912
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