Legal Opinion

University of Des Moines v. Livingston

Supreme Court of Iowa

Decided December 12, 1881PublishedCited by 19 opinions

Appeal from Marion Circuit Court. An action to recover of the estate of T. C. Livingston, deceased, §731, on account of a subscription of §500 to the University of Des Moines. Under the direction of the court the jury returned a verdict for the defendant. The plaintiff appeals. The facts are stated in the opinion.

1Opinion of the CourtDay, J.

l. practice : assignment of errors. I. The cause was submitted on the 10th day of June, 1881, with a motion of the appellee to dismiss the appeal, because no assignment of errors has been bled in the cause with the clerk of the court nor served on the appellee or his attorneys, ten days before the first day of the trial term, or at any other time. The argument of the appellant was served upon the attorneys of the appellee November 15, and it was filed with the cleric November 16, 1880, six and one-half months before the time at which the cause was submitted. At the conclusion of appellant’s…

2Cases cited10 opinions

  1. Exchange Bank v. RichMassachusetts Supreme Judicial Court · 1871
  2. Cottage Street Methodist Episcopal Church v. KendallMassachusetts Supreme Judicial Court · 1877
  3. Trustees of Phillips Limerick Academy v. DavisMassachusetts Supreme Judicial Court · 1814
  4. Trustees of Hamilton College v. . StewartNew York Court of Appeals · 1848
  5. Trustees of Methodist Episcopal Church v. GarveyIllinois Supreme Court · 1870

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3Cited by19 opinions

  1. Nebraska Wesleyan University v. Estate of GriswoldNebraska Supreme Court · 1925
  2. School District v. SheidleySupreme Court of Missouri · 1897
  3. Eastern States Agricultural & Industrial League v. Estate of VailSupreme Court of Vermont · 1924
  4. Gould v. GunnSupreme Court of Iowa · 1913
  5. Anderson v. NystromSupreme Court of Minnesota · 1908

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