Cowen v. Boone
Supreme Court of Iowa
Appeal from Harrison District Court. Action to foreclose a mortgage. It was alleged in the petition that the defendants Bolter & Davis claimed to have a lien on the premises, but that the same was junior and inferior to the mortgage. Bolter & Davis, in an answer filed by them, alleged that they, as attorneys at law, in 1876 commenced an action for Annetta Marble against William H. Marble, in which an attachment issued and the land described in the mortgage duly attached.
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Appeal from Harrison District Court. Action to foreclose a mortgage. It was alleged in the petition that the defendants Bolter & Davis claimed to have a lien on the premises, but that the same was junior and inferior to the mortgage. Bolter & Davis, in an answer filed by them, alleged that they, as attorneys at law, in 1876 commenced an action for Annetta Marble against William H. Marble, in which an attachment issued and the land described in the mortgage duly attached. That subsequently a judgment was rendered in said action against the defendant therein for the sum of $1,599.80 and costs,…
1Opinion of the CourtSeevers, J.
l. aypeai! i when it Rea I. The abstract states: “This cause came on for hearing upon the demurrer, ” and after hearing arguments of^jcounsel thereon the “eourt entered an order ailq judgment ordering and adjudging that said *352demurrer be overruled, to which order and judgment of the court plaintiff at that time excepted, and elected to stand thereon. ”
It is insisted by the appellees that no judgment was entered or rendered by the court, and that, therefore, this appeal, to say the least, is premature.
An appeal lies from “an intermediate order involving the merits, and materially affecting the…
2Cases cited3 opinions
- Hanna v. HawesSupreme Court of Iowa · 1877
- Hurst v. SheetsSupreme Court of Iowa · 1866
- Casar v. SargeantSupreme Court of Iowa · 1858
3Cited by19 opinions
- Goodrich v. . McDonaldNew York Court of Appeals · 1889
- Prichard v. FulmerNew Mexico Supreme Court · 1916
- Hansen v. Independent School DistrictSupreme Court of Iowa · 1922
- Keehn v. KeehnSupreme Court of Iowa · 1902
- Hale v. TysonSupreme Court of Alabama · 1918
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