Legal Opinion

Dillon v. Allen

Supreme Court of Iowa

Decided June 15, 1877PublishedCited by 36 opinions

Appeal from Sao Circuit Court. Action to recover for services rendered by plaintiff in threshing the grain of defendant.

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Appeal from Sao Circuit Court. Action to recover for services rendered by plaintiff in threshing the grain of defendant. The defendant in his answer pleaded the following defense: “That it was agreed by and between the plaintiffs and defendant that the threshing, for which plaintiff seeks to recover in this action, was to be done with a machine, all the rods, knuckles or joints of which were unboxed, and that said threshing was in fact done with a -machine the rods and knuckles of which were wholly unboxed.” To this defense a demurrer was interposed by defendant and sustained by the court.…

1Opinion of the CourtReck, J.

I. At the time the contract sued upon was entered into and performed by plaintiff, the following statute of this state was in force:

“If any person run any threshing machine in this state, without having the two lengths of tumbling rods next the machine, together with the knuckles or joints and jacks of the tumbling rods safely boxed and secured while the machine is running, he shall be deemed guilty of a misdemeanor, and be punished by a fine of not less than ten or more than fifty dollars for every day or part of a day he shall violate this section; and an action may be maintained for…

2Cases cited5 opinions

  1. Pangborn v. WestlakeSupreme Court of Iowa · 1873
  2. Cooley v. BraytonSupreme Court of Iowa · 1864
  3. Watrous v. BlairSupreme Court of Iowa · 1871
  4. Guenther v. DewienSupreme Court of Iowa · 1860
  5. Ingersoll v. RandallSupreme Court of Minnesota · 1869

3Cited by36 opinions

  1. Sandage v. Studabaker Bros. Manufacturing Co.Indiana Supreme Court · 1895
  2. Price v. . EdwardsSupreme Court of North Carolina · 1919
  3. State ex rel. Carroll v. Corning State Savings BankSupreme Court of Iowa · 1907
  4. Hamilton v. McNeillSupreme Court of Iowa · 1911
  5. Stevenson v. EwingTennessee Supreme Court · 1888

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