Gate City Land Co. v. Heilman
Supreme Court of Iowa
Appeal from Ida District Court. — Hon. J. H. Macombek, Judge. ACTION to recover upon six separate contracts, in writing, whereby the plaintiff sold to the defendant certain lots in Bowling Green' addition to the city of Omaha. Answer in four counts, to the second oE which a demurrer was sustained. The’ first count is a general denial.
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Appeal from Ida District Court. — Hon. J. H. Macombek, Judge. ACTION to recover upon six separate contracts, in writing, whereby the plaintiff sold to the defendant certain lots in Bowling Green' addition to the city of Omaha. Answer in four counts, to the second oE which a demurrer was sustained. The’ first count is a general denial. The third admits the making of the contracts, but alleges that defendant’s signatures thereto were obtained by certain fraudulent and false representations made by one P. G. Mead, he knowing the same to be false; the said Mead being employed by plaintiff to…
1Opinion of the CourtGiven, J.
1. Kind of proceedings: objecüon too late. — I. Appellant’s first contention is that the answer does not set up any equitable defense, and therefore the court, sitting in equity, had 110 jurisdiction, and the decree is a nullity, The record shows, as already stated, that, without announcing any formal ruling on defendant’s motion to transfer the case to equity, the court announced that it would proceed to try the equitable issues raised by the answer. This was, in effect, a sustaining of the motion. ’It does not appear that any ■objection was made or exception taken to this action of the…
2Cited by8 opinions
- Todd v. State BankSupreme Court of Iowa · 1917
- Zimmerman v. BrannonSupreme Court of Iowa · 1897
- Bosley v. MonahanSupreme Court of Iowa · 1907
- Duffy v. Hardy Auto Co.Supreme Court of Iowa · 1917
- Gough v. LoomisSupreme Court of Iowa · 1904
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