Kinsell v. Feldman
Supreme Court of Iowa
Appeal from, Lee County District Court. Bill oe review. — The petition makes this case: Plaintiff instituted his proceeding in equity to have enforced a parol contract in relation to real property. Upon the issues joined, after full proof, the District Court dismissed the bill, and this judgment was affirmed in this court (22 Iowa, 363). Plaintiff in due time filed his petition for rehearing, and this was overruled.
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Appeal from, Lee County District Court. Bill oe review. — The petition makes this case: Plaintiff instituted his proceeding in equity to have enforced a parol contract in relation to real property. Upon the issues joined, after full proof, the District Court dismissed the bill, and this judgment was affirmed in this court (22 Iowa, 363). Plaintiff in due time filed his petition for rehearing, and this was overruled. It is alleged that petitioner failed in his action because of defendant’s fraud “ in concealing and putting out of plaint-tiff ’s reach, in time to be used on the former trial,”…
1Opinion of the CourtWright, J.
By the demurrer it was claimed that the court had no jurisdiction to entertain such a petition, after appeal to and judgment in this court; that the application was made too late; that plaintiff failed to use diligence to obtain this testimony; that it was cumulative, not sufficient to change the result; and, finally, that there was no equity in the bill.
I was ready to hold in McGregor v. Gardner, 16 Iowa, 538, that a bill of this nature would not lie (whether for errors apparent or for newly discovered facts), either in the District Court or this court, after appeal and final decree here;…
2Cases cited3 opinions
- Livingston v. HubbsNew York Court of Chancery · 1817
- Dixon v. GrahamSupreme Court of Iowa · 1864
- McGregor v. GardnerSupreme Court of Iowa · 1864
3Cited by4 opinions
- Bloxham v. Florida Central & Peninsular RailroadSupreme Court of Florida · 1897
- Hill v. RoachIndiana Supreme Court · 1880
- Crews v. RichardsOregon Supreme Court · 1887
- Jewett v. DringerNew Jersey Court of Chancery · 1879