Childs v. Dobbins
Supreme Court of Iowa
Appeal from Montgomery District Gourt. The plaintiff claims of the defendant $500, with interest at six per cent from March 29,1875. The petition is in two counts.
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Appeal from Montgomery District Gourt. The plaintiff claims of the defendant $500, with interest at six per cent from March 29,1875. The petition is in two counts. In the first count of the petition it is alleged that on the twenty-fourth day of March, 1875, when the plaintiff was a minor, and so known to be by the defendant, the plaintiff entered into a written contract with the defendant for the purchase of a certain nursery at Red Oak, and paid him therefor the sum of $500. That on the twenty-ninth day of March, 1875, the plaintiff disaffirmed said contract, and tendered back to said…
1Opinion of the Court
Day, Cn. J.
i. practice • truusmisevdiscretíon^f — -I. The defendant insists that the court erred in refusing to order separate trials on each of the two C0Tmts i11 th-e plaintiff’s petition. The applicaUon for separate trials was based upon section 2746 of the Code, which is as follows: “The court may, in its discretion, allow separate trials between the plaintiff and any defendant, or of any cause of action united with others, or of any issue in an action; and such separate trials may be had at the same or different terms of the court, as circumstances may require.” The appellant concedes…
2Cited by4 opinions
- Vincent v. EllisSupreme Court of Iowa · 1902
- Joseph v. MangosSupreme Court of Iowa · 1921
- McCormick Harvesting Machine Co. v. WilliamsSupreme Court of Iowa · 1896
- Bank of Reinbeck v. BrownSupreme Court of Iowa · 1888