Wormley v. Hamburg
Supreme Court of Iowa
Appeal from Benton District Court. On the 21st day of January, 1873, the plaintiff filed his petition .for the foreclosure of a title bond or agreement in writing to convey to the defendant, Malinda Hamburg, certain real estate. There was claimed to be due the sum of $1,200 and interest. Promissory notes were held by plaintiff for the amount claimed, which notes were executed by Malinda Hamburg and the defendant, Henry Hamburg, the husband of said Malinda.
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Appeal from Benton District Court. On the 21st day of January, 1873, the plaintiff filed his petition .for the foreclosure of a title bond or agreement in writing to convey to the defendant, Malinda Hamburg, certain real estate. There was claimed to be due the sum of $1,200 and interest. Promissory notes were held by plaintiff for the amount claimed, which notes were executed by Malinda Hamburg and the defendant, Henry Hamburg, the husband of said Malinda. On the 4th day of February, 1873, plaintiff filed another petition against the said defendants to foreclose an agreement in writing to…
1Opinion of the CourtRothbock, J.
i. hractice: trial: change of statute. I. When the cause was reached for trial the defendants demanded a jury, to which plaintiff objected, and insisted that the trial be to the court. The ... objection was overruled and a jury empaneled, to which plaintiff excepted, and now assigns this action of the court as error.
These actions were both commenced before the Code took effect, and the right to a trial by jury must be determined by the law in force at that time. Wadsworth v. Wadsworth, 40 Iowa, 448.
The abstract shows, that on the 15th day of September, 1873, the parties entered into an…
2Cases cited2 opinions
- Wormley v. HamburgSupreme Court of Iowa · 1874
- Wadsworth v. WadsworthSupreme Court of Iowa · 1875
3Cited by3 opinions
- Currier v. ClarkSupreme Court of Iowa · 1910
- Ringer v. Virgin Timber Co.District Court, E.D. Arkansas · 1914
- Hensley v. WhiffinSupreme Court of Iowa · 1882