Reports of Cases in Law and Equity, Determined in the Supreme Court of the State of Iowa, Volume 4E. W. Stephens, 1858 - Law reports, digests, etc |
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Common terms and phrases
action actual possession administrator affidavit affirmed agreement alimony alleged amount answer appear appellee applied assigned attachment authorities avers bill cause church claim Code commenced common law complainant contract conveyance conveyed court erred court of equity damages debt decision decree deed defendant defendant's demurrer District Court dollars dower entitled error evidence execution facts fee simple fendant filed garnishee grant heirs held husband instructions intention interest Iowa issue judgment jurisdiction jury justice Keokuk land liable lien ment Methodist Episcopal Church mortgage motion notice O'Ferrall objection opinion overruled owner paid party persons petition plaintiff plaintiff in error pleadings premises Probate Court proceedings promissory note purchase question real estate reason record recover refused rendered rule sell Simplot statute sufficient suit sustained term testator testimony thereof tion trial trustees usury verdict void wife witness words writ
Popular passages
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 395 - 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 328 - ... 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 574 - 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 542 - For the purposes of this case, it is sufficient to say that...
Page 138 - But when the proof has a legal tendency to make out a proper case in all its parts, for issuing the process, then, although the proof may be slight and inconclusive, the process will be valid until it is set aside by a direct proceeding for that purpose.