Peck v. Parchen
Supreme Court of Iowa
Appeal from Woodbury Circuit Court. The plaintiffs, O. K. Peck, surviving partner of tlie firm of Durfee & Peck, and O. B. Taylor, Geo. II. Durfee and Charles B. Taylor, executors of tbe estate of E. II.
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Appeal from Woodbury Circuit Court. The plaintiffs, O. K. Peck, surviving partner of tlie firm of Durfee & Peck, and O. B. Taylor, Geo. II. Durfee and Charles B. Taylor, executors of tbe estate of E. II. Dnrfee, deceased, late member of the firm of Durfee & Peck, on the 21st day of April, 1875, filed tlieir petition against the defendant, Henry PL Parchen, claiming tbe sum of $1,550 balance on account for tbe transportation of goods by the firm of Dnrfee & Peck, on tbe steamboat Nellie Peck, in 1871, for tbe firm of Parchen & Paynter, and for money advanced by Durfee & Peck to pay railroad…
1Opinion of the CourtDay, J.
*501. practice: continuance. *48I. The affidavit for a continuance, in addition to a statement of the facts expected to be proved by the absent witness, and the grounds of belief that plaintiff would be able to procure his testimony by the next term of the court, is as follows: “O. K. Peck, sworn, says he is the plaintiff in this action; that Grant Marsh, of Yankton, Dakota Territory, is a material witness for him, without whose testimony it will not bo safe for him to proceed to trial at this term of court; that plaintiff has a good and meritorious cause of action against defendant; that at each…
2Cases cited5 opinions
- Davenport Gas Light & Coke Co. v. City of DavenportSupreme Court of Iowa · 1863
- Churchill v. FulliamSupreme Court of Iowa · 1859
- Sterry v. SchuylerNew York Supreme Court · 1840
- Boone v. MitchellSupreme Court of Iowa · 1871
- Fiske v. BerryhillSupreme Court of Iowa · 1859
3Cited by11 opinions
- Knowles v. BlueSupreme Court of Alabama · 1923
- Herriman v. LaymanSupreme Court of Iowa · 1902
- In Re Estate of RogersSupreme Court of Iowa · 1939
- Cerealine Manufacturing Co. v. BickfordIndiana Supreme Court · 1891
- Iowa Business Men's Building & Loan Ass'n v. FitchSupreme Court of Iowa · 1909
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