Stewart v. Gorham
Supreme Court of Iowa
' Appeal from Muscatine District Court. — Iiow. P. B. Wolee, Judge. ActioN in equity brought for an accounting. A statement of tbe issues as made by the pleadings is necessary xo an understanding of the questions made on this appeal.
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' Appeal from Muscatine District Court. — Iiow. P. B. Wolee, Judge. ActioN in equity brought for an accounting. A statement of tbe issues as made by the pleadings is necessary xo an understanding of the questions made on this appeal. It is said in the petition that in the year 1897 plaintiff entered into a contract in writing with the Muscatine North & South Railway Company by the terms of which plaintiff agreed to secure a right of way and to construct and equip a line of railway extending from the city of Muscatine, in this state, to the town of Elrick, in this state, “and to render…
1Opinion of the CourtBishop, J.
Appellant bas assigned errors based upon tbe order of tbe court overruling bis motion for new trial, etc. It is contended, in tbe first instance, that tbe court was 1. assignment of causes. not authorized to proceed with tbe trial on tbe ¿ay was for the xeason that no special assignment of tbe case bad been made for that day. Conceding that tbe record shows affirmatively that no formal assignment of tbe case bad been made, we do not think there is any merit in tbe contention. Tbe term of court being held was one at which tbe case was properly triable, and tbe court took it up in its order…
2Cases cited5 opinions
- Palmer v. PalmerSupreme Court of Iowa · 1894
- Stuart v. Hines & EamesSupreme Court of Iowa · 1871
- Burroughs v. McLainSupreme Court of Iowa · 1873
- Foster & Co. v. EllsworthSupreme Court of Iowa · 1887
- Muir v. MillerSupreme Court of Iowa · 1891
3Cited by11 opinions
- Eclipse Lumber Co. v. City of WaukonSupreme Court of Iowa · 1927
- In Re Estate of RobinsonSupreme Court of Iowa · 1942
- Ramsey v. District Court of the Sixth Judicial District ex rel. Lemhi CountyIdaho Supreme Court · 1920
- Turner v. WoodruffSupreme Court of Iowa · 1921
- Anderson v. Royal HighlandersSupreme Court of Iowa · 1923
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