Mains v. Des Moines National Bank
Supreme Court of Iowa
Appeal from Guthrie District Court. — Hon. J. D. Gamble and J. IT. Applegate, Judges. This is a proceeding’, entitled in equity, to vacate a judgment against plaintiffs, which, was rendered in defendant’s favor. A demurrer to the petition was sustained by Gamble, Judge. Plaintiffs refusing to amend, judgment was rendered against them for costs.
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Appeal from Guthrie District Court. — Hon. J. D. Gamble and J. IT. Applegate, Judges. This is a proceeding’, entitled in equity, to vacate a judgment against plaintiffs, which, was rendered in defendant’s favor. A demurrer to the petition was sustained by Gamble, Judge. Plaintiffs refusing to amend, judgment was rendered against them for costs. Thereafter they filed a motion to set aside that judgment, and such motion, on defendant’s application, was stricken from the files by Applegate,. Judge. Prom such judgment and ruling, plaintiffs appeal.—
1Opinion of the CourtWaterman, J.
The petition, with its various amendments, makes a very voluminous document. In its recital of facts many matters are set out -which led up to the transaction complained of, and yet which are not essential to a determination of the issues presented hy the demurrer. We shall venture to abridge the statement of facts.
1 Henry Mains and his son and co-plaintiff, John P. Mains, each was at one time the owner of a large farm in Guthrie county, and of considerable personal property. The latter was heavily indebted, his father and the defendant being among his creditors. In order to raise money to…
2Cases cited2 opinions
- Lumpkin v. SnookSupreme Court of Iowa · 1884
- Bowen v. Troy Portable Mill Co.Supreme Court of Iowa · 1871
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