Cooley v. Osborne
Supreme Court of Iowa
Appeal from Mahaska Circuit Court. This is an action upon a promissory 'note for the sum of one hundred and fifty dollars, executed by the defendant to plaintiff. . The answer alleges that there has been a former adjudication of the matters herein, for that the plaintiff commenced an action on the note in controversy, against the defendants, before David Clammer, a justice of the peace of Monroe township, Mahaska county, and on the 30th day of April,1875, •judgment was…
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Appeal from Mahaska Circuit Court. This is an action upon a promissory 'note for the sum of one hundred and fifty dollars, executed by the defendant to plaintiff. . The answer alleges that there has been a former adjudication of the matters herein, for that the plaintiff commenced an action on the note in controversy, against the defendants, before David Clammer, a justice of the peace of Monroe township, Mahaska county, and on the 30th day of April,1875, •judgment was rendered in favor of defendants on the merits, and against the plaintiff for the costs. ”The answer of the defendants further…
1Opinion of the CourtDj-Y, J.
I. One of the grounds of exception to the report of the referee, and of the motion to set it aside, is that the facts reported are contrary to the pleadings. It is now claimed that there is a total variance between the pleadings and the proof. It is claimed that the answer simply alleges that Cooley was to take the mortgage, whereas the defendant introduced evidence, and the referee found that McCann was to foreclose the mortgage, executed by defendant Osborne' to him as surety, and sell the property under the foreclosure, and authorize the sheriff to make a deed to plaintiff; or, that if…
2Cases cited1 opinion
- Bannon v. BeanSupreme Court of Iowa · 1859
3Cited by6 opinions
- Board of Commissioners v. JamesonIndiana Supreme Court · 1882
- Pennybacker v. LearySupreme Court of Iowa · 1884
- Brown v. MartinSupreme Court of Iowa · 1919
- Graeser v. GordonSupreme Court of Iowa · 1920
- Outback Contracting, Inc. v. Stone Southwest, Inc.Court of Appeals of Oregon · 2000
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