Adye v. Hanna
Supreme Court of Iowa
Appeal from Louisa Circuit Covert, Action at law upon an obligation in the following words: “Enow all men by these presents'. That we, N. IT. Hanna as principal, and O. E. ITobbie as surety, are held and firmly bound unto Henry Adye in the sum of one hundred and twenty dollars, and to the payment thereof hereby bind ourselves and our legal representatives.
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Appeal from Louisa Circuit Covert, Action at law upon an obligation in the following words: “Enow all men by these presents'. That we, N. IT. Hanna as principal, and O. E. ITobbie as surety, are held and firmly bound unto Henry Adye in the sum of one hundred and twenty dollars, and to the payment thereof hereby bind ourselves and our legal representatives. Dated, Columbus Junction, Iowa, December 22, 1874. The conditions of the above bond are such that, whereas, the said Henry Adye has this day appealed from the judgment of A. Owen, justice of the peace, in an action wherein Augustus Reynolds…
1Opinion of the CourtBeck, J.
I. The demurrer to the petition was sustained in the court below on the ground that the instrument sued upon embodies a contract which is void for maintenance and champerty. The ruling is assigned for error, and presents the only question in the case.
*266It becomes necessary to consider, for a moment, the considerations of the bond which is the foundation of the action. The defendants are obligated thereby to pay whatever judgment may finally be recovered in an action wherein the obligee of the bond is the defendant. They are bound for the payment of fess of witnesses and other costs as well as…
2Cited by15 opinions
- Barngrover v. PettigrewSupreme Court of Iowa · 1905
- Langan v. SankeySupreme Court of Iowa · 1880
- Bump v. BarnettSupreme Court of Iowa · 1944
- Cochran v. ZacherySupreme Court of Iowa · 1908
- Donaldson v. Eaton & EstesSupreme Court of Iowa · 1907
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