Simpson v. Cochran & Cherrie
Supreme Court of Iowa
Appeal from Ma/rion District Court. The petition contains two counts, one upon a note, and the other upon a judgment recovered in the same (Marion) District Court; which recovery was upon the same note mentioned in the first count. The pleader- not knowing whether the so-called judgment operated to displace or merge his right of action on the note, so states, and seeks to recover for but one of such causes.
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Appeal from Ma/rion District Court. The petition contains two counts, one upon a note, and the other upon a judgment recovered in the same (Marion) District Court; which recovery was upon the same note mentioned in the first count. The pleader- not knowing whether the so-called judgment operated to displace or merge his right of action on the note, so states, and seeks to recover for but one of such causes. On the trial the note and judgment were introduced, and it also appeared that execution had been issued, and that one of the defendants had paid to the clerk nearly five-sixths of the…
1Opinion of the Court
Wright, JT.
1. judgment: blank recovery: merger, It is questionable, to say the least, whether the judgment of Dec. 13, 1861, operated to dis-place or merge plaintiff’s right of action on r f r & the note. There is certainly no recovery for a specific amount. The order is, that plaintiff recover, but the amount thereof is left blank. And under such circumstances it was the right of the plaintiff, under section 2935 of the Nevision, to declare as he has, claiming to recover but for one of such causes. Defendants had their election to allow judgment to go against them on either of such causes,…
2Cases cited5 opinions
- Jackson ex dem. Sternberg v. ShafferNew York Supreme Court · 1814
- Andrews v. SmithNew York Supreme Court · 1832
- Denison v. WilliamsSupreme Court of Connecticut · 1822
- Clark v. GoodwinMassachusetts Supreme Judicial Court · 1817
- Haven & Buck v. BaldwinSupreme Court of Iowa · 1858
3Cited by8 opinions
- Burnes v. SimpsonSupreme Court of Kansas · 1872
- Dunham v. DunhamSupreme Court of Iowa · 1920
- Weiser v. McDowellSupreme Court of Iowa · 1895
- Fidelity National Financial Inc. v. FriedmanArizona Supreme Court · 2010
- Hickman v. Macon CountyU.S. Circuit Court for the District of Eastern Missouri · 1890
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