Legal Opinion

Smith v. Short

Supreme Court of Iowa

Decided April 15, 1861PublishedCited by 11 opinions

Appeal from Des Moines District Court.

1Opinion of the CourtWright, J.

The injunction in this case was improperly .granted, and the demurrer to the bill should have been sustained.

Complainant seeks to enjoin an action at law, which Tay*524lor, as the assignee of Short, was prosecuting to collect a part of the purchase money of certain real estate. He avers that Short had no title to the property; that he induced bim to enter into said contract by the use of fraudulent means; that the consideration has failed, and that Taylor when he took the assignment had full notice of all these, matters. It is not intimated that either Taylor or Short are insolvent, nor that any…

2Cited by11 opinions

  1. Biermann v. Guaranty Mutual Life InsuranceSupreme Court of Iowa · 1909
  2. Lynch v. SchemmelSupreme Court of Iowa · 1916
  3. Anderson v. Orient Fire InsuranceSupreme Court of Iowa · 1893
  4. Home Savings & Trust Co. v. HicksSupreme Court of Iowa · 1902
  5. Security Savings Bank v. CarrollSupreme Court of Iowa · 1905

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