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action actual administrator affidavit affirmed agreement alleged allowed amount answer appear applied asked assigned attachment authorities bill called cause charged church claim Code complainant consideration continuance contract damages decision decree deed defendant District Court dollars dower effect entitled error evidence execution facts filed further give given grant ground held hold husband instructions intention interest Iowa issue judge judgment jurisdiction jury justice land matter meaning ment mortgage motion necessary notice objection opinion overruled owner paid party persons petition plaintiff pleadings possession premises present proceedings proper prove purchase question real estate reason received record recover reference refused rendered rule sell shown sold statute sufficient suit sustained taken term testimony tion trial true trustees verdict wife witness
Page 89 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court. But if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void ; and form no bar to a recovery sought, even prior to a reversal, in opposition to them.
Page 291 - The taking of bail consists in the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the defendant, according to the terms of the undertaking, or that the bail will pay to the people of this State a specified sum.
Page 166 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 397 - What the law requires to be done, and appear of record, can only be done and made to appear by the record itself, or an exemplification of the record. It is perfectly immaterial whether there be an acknowledgment or privy examination in fact or not. if tkere 1*3 no record made of the privy examination ; for, by the express provisions of the law.
Page 330 - ... the subject-matter, as by the known usage of trade or the like, acquired a peculiar sense distinct from the popular sense of the same words...
Page 107 - In case of an action relating to any estate sold by an executor, administrator or guardian, in which an heir or other person claiming under the deceased, or in which the ward or any person claiming under him, shall contest the validity of the sale, it shall not be avoided on account of any irregularity in the proceedings, provided it shall appear; 1.
Page 264 - And after being thus set apart for public use, and enjoyed as such, and private and individual rights acquired with reference to it, the law considers it in the nature of an estoppel in pais, which precludes the original owner from revoking such dedication. It is a violation of good faith to the public, and to those who have acquired private property with a view to the enjoyment of the use thus publicly granted.
Page 576 - A formal mortgage of personal property is a conditional sale of it as security for the payment of a debt or the performance of some other obligation.
Page 544 - For the purposes of this case, it is sufficient to say that...