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action affidavit Affirmed agreement alimony alleged amount answer appellee assigned authority averred bond cause Chickasaw County circuit court cited claim construction contract counsel court of equity creditor damages debt decree deed defect defendant appeals defendant's demurrer district court district township entitled equity error evidence execution facts filed foreclosure fraud garnishee ground held Henry Hill husband injury instruction interest Iowa issued January 25 judgment jurisdiction jury land levy liable lien ment mortgage motion negligence notice opinion overruled owner paid parol parties payment person petition plaintiff plaintiff appeals Poweshiek County proceedings promissory note purchaser question railroad company real estate received record recover refused rendered road rule Scott County sold statute statute of frauds Story County suit surety sustained testator thereof tiff tion trial trustees verdict void warrant wife witness writ
Page 346 - ... to connect the defendant with the commission of the offense; and the corroboration is not sufficient, if it merely shows the commission of the offense, or the circumstances thereof.
Page 236 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted.
Page 349 - The court left the credibility of the witness and the weight to be given to his testimony entirely to the consideration of the jury. Of these they were the proper judges.
Page 418 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.
Page 475 - If the relations of facts and their probable results can be determined without especial skill or study, the facts themselves must be given in evidence, and the conclusions or inferences must be drawn by the jury.
Page 677 - Sound mind and memory, do make, publish and declare, this my last will and testament, in manner following, that is to say...
Page 475 - ... the opinion of witnesses possessing peculiar skill is admissible, whenever the subjectmatter of inquiry is such, that inexperienced persons are unlikely to prove capable of forming a correct judgment upon it, without such assistance ; in other words, when it so far partakes of the nature of a science, as to require a course of previous habit or study, in order to the attainment of a knowledge of it...
Page 194 - When a divorce is decreed, the court may make such order in relation to the children and property of the parties, and the maintenance of the wife, as shall be right and proper, and the guilty party forfeits all rights acquired by the marriage.
Page 418 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.