Digest of the Decisions of the Supreme Court of Iowa: From the Organization of the Court, in 1839, to the 35th Iowa Report, as Embraced in the Reports by Morris, Greene, Clarke, Withrow, and Stiles : with Copious References to the Statutes, Volume 3
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38 Iowa 40 Iowa action admissible agent agreement alleged amount appear applied assignment attachment authority Bank bond cause charged Cited City claim Code condition consideration constitute construction contract convey conveyance corporation court damages debt deed defective defendant District effect entitled equity error establish et al evidence execution fact failed failure filed Followed fraud given granted Greene ground held husband injury instruction interest issue judg judgment jurisdiction jury land latter levy liability lien limitations lowa ment mortgage motion necessary negligence notice officer owner paid party payment performance person petition plaintiff pleading possession proceeding proof proper purchaser question railroad railway real estate reasonable received record recover rendered respecting road rule Smith sold statute subsequent sufficient thereon tion township trial valid wife witness
Page 278 - Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial; 5.
Page 274 - Court made an order to show cause why a new trial should not be granted on the ground of newly discovered evidence returnable on the sixth day of September.
Page 369 - The statute of frauds plainly means an agreement not to be performed within the space of a year, and expressly and specifically so agreed. A contingency is not within it ; nor any case that depends upon contingency. It does not extend to cases where the thing only may be performed within the year ; and the act cannot be extended further than the words of it.
Page 331 - ... when such wrongs are in any manner connected with the use and operation of any railway on or about which they shall be employed, and no contract which restricts such liability shall be legal or binding.
Page 156 - ... shall be examined as a witness in regard to any personal transaction or communication between such witness and a person at the commencement of such examination deceased, insane, or lunatic, against the executor, administrator, heir at law, next of kin, assignee, legatee, devisee, or survivor of such deceased person, or the assignee or guardian of such insane person or lunatic.
Page 19 - Where the grounds for a new trial could not with reasonable diligence have been discovered before, but are discovered after the term at which the verdict, report of referee or decision was rendered or made, the application may be made by petition, filed as in other cases...
Page 333 - It is not competent for the court to instruct the jury, as a matter of law, that...
Page 370 - I have already alluded, is when the promise to pay the debt of another arises out of some new and original consideration of benefit or harm moving between the newly contracting parties.