Union Mill Co. v. Prenzler
Supreme Court of Iowa
Appeal from Des Moines District Court — Hon. James D. Smyth, Judge. This is an action at law, aided by attachment, originally commenced against L. Seuffert, to recover the sum of two thousand six hundred and fifty-five dollars, claimed to be due plaintiff for flour and feed sold and delivered. The defendant answered, admitting the claim, and pleading a counter-claim against the plaintiff and sureties upon the attachment bond for the wrongful suing out of the writ.
Read the full summary
Appeal from Des Moines District Court — Hon. James D. Smyth, Judge. This is an action at law, aided by attachment, originally commenced against L. Seuffert, to recover the sum of two thousand six hundred and fifty-five dollars, claimed to be due plaintiff for flour and feed sold and delivered. The defendant answered, admitting the claim, and pleading a counter-claim against the plaintiff and sureties upon the attachment bond for the wrongful suing out of the writ. After the filing of the answer, and before the case was called for trial, Seuffert died, and his administrator was substituted.…
1Opinion of the CourtDeemek, J.
1 I. Appellant first complains of the ruling of the court denying a motion for change of place of trial. The case was brought for the September, 1894, term of court, and was continued to the November, and afterward to the January, 1895, term. At the January term a trial was begun, and during the progress of the trial defendant died. His administrator was substituted, and, upon this substitution being made, plaintiff moved for a continuance. This motion was sustained, by agreement of parties thereafter made, and the trial of the case was resumed, resulting in a verdict for defendant. A new…
2Cases cited14 opinions
- Donaldson v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1865
- Muldowney v. Ill. Cent. Ry. Co.Supreme Court of Iowa · 1873
- Rose v. Des Moines Valley R.Supreme Court of Iowa · 1874
- Sheik v. HobsonSupreme Court of Iowa · 1884
- Saunders v. MullenSupreme Court of Iowa · 1885
9 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Northrup v. Miles Homes, Inc. of IowaSupreme Court of Iowa · 1973
- Bankers Life & Casualty Company v. C. M. Kirtley, Trustee in Corporate Reorganization Proceedings of Automatic Washer CompanyCourt of Appeals for the Eighth Circuit · 1962
- Amos v. Prom, Inc.District Court, N.D. Iowa · 1953
- Castner v. WrightSupreme Court of Iowa · 1964
- State Ex Rel. Smith v. GreeneSupreme Court of Missouri · 1973
29 more not listed; retrieve them via the Exa API.