Kershman v. Swhela
Supreme Court of Iowa
Appeal from Chickasaw Ci/rowit Court. In February, 1880, A. Kershman, deceased, filed a petition stating that he had purchased of one Marsh certain described real estate upon which defendant had a mortgage; that before he paid Marsh for the land, defendant agreed he would release the same-from- the mortgage; that he did pay said Marsh, but defendant refused to release and had foreclosed the mortgage; that defendant was prevented from appearing in said action to foreclose the…
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Appeal from Chickasaw Ci/rowit Court. In February, 1880, A. Kershman, deceased, filed a petition stating that he had purchased of one Marsh certain described real estate upon which defendant had a mortgage; that before he paid Marsh for the land, defendant agreed he would release the same-from- the mortgage; that he did pay said Marsh, but defendant refused to release and had foreclosed the mortgage; that defendant was prevented from appearing in said action to foreclose the mortgage because of unavoidable casualty which was occasioned by his sickness and insanity. The relief asked was that…
1Opinion of the Court
Seevers, Cbc. J.
During the lifetime of A. Kershman a notice was served on the defendant that he would take the depositions of certain witnesses on the 20th day of July, 1880. Kershman died on the 18th day of said month. Notwithstanding this fact, the depositions were taken, the defendant declining to appear because of the death of the plaintiff in the action, and there had not been any person substituted in his stead.
At the proper time the defendant filed a motion to strike from the files or suppress the depositions, because at the time they were taken there was no plaintiff in the action…
2Cited by3 opinions
- Dennis L. Cawthorn v. Catholic Health Initiatives Iowa Corp. D/B/A Mercy Hospital Medical Center, a CorporationSupreme Court of Iowa · 2011
- Kershman v. SwehlaSupreme Court of Iowa · 1883
- Dennis L. Cawthorn v. Catholic Health Initiatives Iowa Corp. D/B/A Mercy Hospital Medical Center, a CorporationSupreme Court of Iowa · 2011