Legal Opinion

McCracken v. Webb

Supreme Court of Iowa

Decided June 11, 1873PublishedCited by 7 opinions

Appeal from Taylor District Court. The petition of plaintiff states that on the léth day of February, 1871, he entered into an oral contract with the defendant to deliver to him at Bedford, in Taylor county, Iowa, a lot of live fat hogs, of not less than twenty nor more than forty-five head, to be marketable hogs, weighing not less than one hundred and ninety pounds gross weight each, and to be delivered at any time from the 20th day of May to the 10th day of June, at the…

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Appeal from Taylor District Court. The petition of plaintiff states that on the léth day of February, 1871, he entered into an oral contract with the defendant to deliver to him at Bedford, in Taylor county, Iowa, a lot of live fat hogs, of not less than twenty nor more than forty-five head, to be marketable hogs, weighing not less than one hundred and ninety pounds gross weight each, and to be delivered at any time from the 20th day of May to the 10th day of June, at the option of the defendant, and to be paid for on delivery at six cents per pound gross weight. On this contract plaintiff…

1Opinion of the CourtMiller, J.

1. ven™ : change of. This action was originally brought in the circuit court of Taylor county, and on the application of the defendailt veIrae was changed to the district court, the objection being to the judge of the circuit court. The order changing the venue is assigned as error.

The record shows that the cause was tried in the circuit court to a jury in August, 1871. The jury failing to agree the cause was continued to the November term, when it was again continued and the application for a change of venue was made at the January term, 1872. The affidavit for the change complies with…

2Cases cited1 opinion

  1. Finch v. BillingsSupreme Court of Iowa · 1867

3Cited by7 opinions

  1. Foss v. CoblerSupreme Court of Iowa · 1898
  2. Gay v. DareCalifornia Supreme Court · 1894
  3. Ferguson v. Davis CountySupreme Court of Iowa · 1879
  4. Murdica v. StateWyoming Supreme Court · 1914
  5. Kramer v. HeinsNorth Dakota Supreme Court · 1916

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