Jones v. Clark
Supreme Court of Iowa
Appeal from Dubuque District Court. The following brief statement presents tbe question involved in tbis case. Tbe plaintiff filed bis petition in equity, alleging that John Clark bad entered into a written agreement witb plaintiff for the leasing of a certain mining interest at Dubuque, and that- Ezekiel Clark bad become interested witb John Clark as a.partner, and that they bad wrongfully taken away, certain machinery and tools, and bad paid out of tbe funds received for…
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Appeal from Dubuque District Court. The following brief statement presents tbe question involved in tbis case. Tbe plaintiff filed bis petition in equity, alleging that John Clark bad entered into a written agreement witb plaintiff for the leasing of a certain mining interest at Dubuque, and that- Ezekiel Clark bad become interested witb John Clark as a.partner, and that they bad wrongfully taken away, certain machinery and tools, and bad paid out of tbe funds received for tbe mineral $1,600 for two boilers, wbieh Ezekiel Clark claims as bis own property, but which are the property of…
1Opinion of the Court
Day, Ch. J.—
The court was in error in holding that it .had no power to ■ allow the proposed amendments. The court may, at any time, in furtherance of justice, and on such terms as may be proper, permit a party to amend any pleadings or proceedings. Rev., § 2977, This case involved a controversy as to the ownership of two boilers. The plaintiff, and the defendant, Ezekiel Clark, each claimed them. The decree of the district court, *499which was affirmed on appeal to the supreme court, settled the title of this property in the defendant. But, as the defendant had asked no affirmative relief, the…
2Cited by9 opinions
- Schlosser v. HemphillSupreme Court of the United States · 1905
- Allen v. City of DavenportSupreme Court of Iowa · 1901
- Leach v. Germania Building Ass'nSupreme Court of Iowa · 1897
- Sleeper v. KillionSupreme Court of Iowa · 1917
- Sexton v. HendersonSupreme Court of Iowa · 1877
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