Legal Opinion

Lyman & Co. v. Bechtel

Supreme Court of Iowa

Decided December 18, 1880PublishedCited by 12 opinions

Appeal from Story Circuit Cowrt. The plaintiff is a copartnership doing business as live stock commission merchants, at Union Stock Tards, Illinois. The defendants were partners doing business in buying and shipping live stock in Story county, Iowa. On the 25th of March, 1880, the plaintiffs filed their verified petition, claiming of the defendants a balance due as upon account.

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Appeal from Story Circuit Cowrt. The plaintiff is a copartnership doing business as live stock commission merchants, at Union Stock Tards, Illinois. The defendants were partners doing business in buying and shipping live stock in Story county, Iowa. On the 25th of March, 1880, the plaintiffs filed their verified petition, claiming of the defendants a balance due as upon account. Attached to the petition is an exhibit showing the furnishing of various sums of money to the defendants, amounting in all to $36,382, the shipments of cattle and hogs by defendants, amounting to $35,255.14, and the…

1Opinion of the CourtDay, J.

l. practice : original notice: default, I. Rules of the court provide that the defendant shall answer in vacation after notice, unless motion or demurrer be filed, and that default may be entered bv . . . “ the clerk m vacation, upon notice, as at term unless the defendant shall make defense. Section 180 of the Code provides that the district and circuit judges may, by general rule, provide that the time of filing pleadings or motions shall be other than provided in the Code, and that issues shall be made up in vacation, and may adopt such other rules as they deem expedient, not inconsistent…

2Cases cited2 opinions

  1. Ah Lim v. Territory of WashingtonWashington Supreme Court · 1890
  2. Veiths v. HaggeSupreme Court of Iowa · 1859

3Cited by12 opinions

  1. Cummings v. Pennsylvania Fire InsuranceSupreme Court of Iowa · 1912
  2. American Alliance Ins. v. Brady Transfer & Storage Co.Court of Appeals for the Eighth Circuit · 1939
  3. Kossuth County State Bank v. RichardsonSupreme Court of Iowa · 1908
  4. Harmon v. DeckerOregon Supreme Court · 1902
  5. Marks v. BoxIndiana Supreme Court · 1913

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