Legal Opinion

Walker v. Sleight

Supreme Court of Iowa

Decided December 19, 1870PublishedCited by 2 opinions

Appeal from Marshall Circuit Court. This was an action on two foreign judgments, rendered in the circuit court of Laporte county, in the State of Indiana, one in favor of Edward H. Bunker and the other in favor of Edward H. Bunker and George H. Wheeler against the defendant, and purporting to be assigned to the plaintiff, Henry II. Walker. The cause was tried by a jury; verdict and judgment for the plaintiff, and defendant appeals.

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Appeal from Marshall Circuit Court. This was an action on two foreign judgments, rendered in the circuit court of Laporte county, in the State of Indiana, one in favor of Edward H. Bunker and the other in favor of Edward H. Bunker and George H. Wheeler against the defendant, and purporting to be assigned to the plaintiff, Henry II. Walker. The cause was tried by a jury; verdict and judgment for the plaintiff, and defendant appeals. The further facts are stated in the opinion of the court. 1. There was no evidence of any sufficient appointment of Thomas S. Stanfield, as judge, pro tempore. 2.…

1Opinion of the CourtMiller, J.

l. foreign pro tempore judge: evidenoe. I. The errors complained of arise upon the admission and exclusion of evidence, and giving and refusing instructions. The transcripts attached to the petition snow that the indgments were not w o rendered by the regularly commissioned judge of the circuit court, but by a practicing attorney of the court, under an appointment from the judge, as follows:

“South Bend, Ma/rch 20, 1857.
“To Thomas 8. Stamfield:
“I, Arthur G. Deavitt, judge of the Laporte circuit court, being sick and unable to hold said court at its present ses*314sion, hereby appoint Thomas S.…

2Cases cited8 opinions

  1. Mills v. DuryeeSupreme Court of the United States · 1813
  2. Bissell v. BriggsMassachusetts Supreme Judicial Court · 1813
  3. Patton v. NicholsonSupreme Court of the United States · 1818
  4. Hoxie v. WrightSupreme Court of Vermont · 1828
  5. Milne v. Van BuskirkSupreme Court of Iowa · 1859

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Marshall Field Co. v. Oren Ruffcorn Co.Supreme Court of Iowa · 1902
  2. Garland v. GarlandMississippi Supreme Court · 1875

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