Case v. Blood
Supreme Court of Iowa
Appeal from Sioux Cvrcuit Court. Mandamus to compel the defendants, a part of whom are directors of the independent district of Rock, and the others directors of the district township of Rock, to appoint arbitrators to make an equitable division of the assets of the district township of Rock, held before the organization of the independent district, which covers a part of the territory of the original district township from which it was separated.
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Appeal from Sioux Cvrcuit Court. Mandamus to compel the defendants, a part of whom are directors of the independent district of Rock, and the others directors of the district township of Rock, to appoint arbitrators to make an equitable division of the assets of the district township of Rock, held before the organization of the independent district, which covers a part of the territory of the original district township from which it was separated. A judgment was entered granting the relief sought by plaintiff. The directors of the district of Rock appeal.
1Opinion of the CourtBeck, J.
1. Statute of Limitations: amendment: same cause of action: different relief. I. The cause has been before in this court. See 68 Iowa, 486, for facts and pleadings upon which the cass was decked- Upon the remanding of the cause, plaintiff filed an amended petition presenting substantially the same facts as alleged in ^he orjginai petition. The relief asked in this amendment is that defendants be required to appoint arbitrators to make an equitable division of the assets of the district township.
II. Defendants now insist that the action was barred by the statute of limitations, which is…
2Cases cited2 opinions
- Baldwin v. St. Louis, Keokuk & Northern R'y Co.Supreme Court of Iowa · 1885
- Case v. BloodSupreme Court of Iowa · 1886
3Cited by14 opinions
- Newman v. Covenant Mutual Insurance Ass'nSupreme Court of Iowa · 1888
- Chariton National Bank v. WhicherSupreme Court of Iowa · 1914
- Johnston v. Percy Construction, Inc.Supreme Court of Iowa · 1977
- Reinertson v. StruthersSupreme Court of Iowa · 1926
- Coulter v. Gulf, C. & S. F. Ry. Co.Court of Appeals of Texas · 1922
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