Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa, Volume 126State of Iowa, 1905 |
Contents
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Common terms and phrases
acres action Affirmed agent agreement alleged amount appellant appellee assessment authority bank breach bridge cause certiorari charge claim clavicle Code conceded contract contributory negligence conveyance cost Council Bluffs counsel court of equity damages deceased DECEMBER 17 decree deed defendant's District Court Drady entitled equity error estopped estoppel evidence executed fact failure FEBRUARY 15 fendant filed fraud held homestead indebtedness injury instructions interest Iowa issue Judge judgment jurisdiction juror jury land liability lien ment moneys and credits mortgage motion N. W. Rep notice owner paid parties payment person petition plaintiff pleaded Polk county Pottawattamie county proceedings purchase purpose question reason record recover refused rendered replevin Reversed rule sheriff's deed statute street sufficient suit sustained taxes tending to show testified testimony thereof thereto tiff tion track trial court verdict warrant witness
Popular passages
Page 61 - A person shall be deemed to have given a preference if, being insolvent, he has procured or suffered a judgment to be entered against himself in favor of any person, or made a transfer of- any of his property, and the effect of the enforcement of such judgment or transfer will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such creditors of the same class.
Page 585 - It frequently happens, also, that the witness, by unintentionally altering a few of the expressions really used, gives an effect to the statement completely at variance with what the party did actually say:
Page 227 - ... no officer, agent or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this policy exist or be claimed by the insured unless so written or attached.
Page 680 - ... in regard to any personal transaction or communication between such witness and a person, at the time 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 committee of such insane person or lunatic.
Page 556 - The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.
Page 414 - A man may not take contradictory positions; and where he has a right to choose one of two modes of redress, and the two are so inconsistent that the assertion of one involves the negation or repudiation of the other, his deliberate and settled choice of one, with knowledge, or the means of knowledge of such facts as would authorize a resort to each, will preclude him thereafter from going back and electing again.
Page 584 - With respect to all verbal admissions, it may be observed that they ought to be received with great caution. The evidence, consisting as it does in the mere repetition of oral statements, is subject to much imperfection and mistake...
Page 61 - Acts of bankruptcy by a person shall consist of his having (1) conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, any part of his property with intent to hinder, delay, or defraud his creditors, or any of them; or (2) transferred, while insolvent, any portion of his property to one or more of his creditors with intent to prefer such creditors over his other creditors...
Page 143 - ... so to do, then and in that case it shall be lawful for the said mortgagee or his assigns, by himself or agent, to take immediate possession of said goods or chattels wherever found.
Page 226 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions as may be endorsed hereon or added hereto, and no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be the subject of agreement indorsed hereon or added hereto...