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Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 20

Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 20


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 edition. Excerpt: ...confidence that there can be but one answer and that is, that there is by such acts no such suppression of remedy as operates to release a legal obligation against others. To hold otherwise would continue in force the common law rule, when the statute had destroyed the reason upon which it was based; a rule always more arbitrary than reasonable, and makes the husband liable not only for his wife's debts, but indirectly for the debts of all others with whom she might be jointly bound-to him. And if this is true as to contracts, how much more so as to torts? For if even the marriage would not release the co-obligee, much less would it a co-wrong-doer, for as to the latter, the necessity of a joint action never did obtain. Of course, a release in fact of one joint tort-feasor might have had the same effect now as heretofore. But what I claim is, that there must be a release based upon that which is paid or treated as a satisfaction for the injury, and not a release arising constructively or resulting as a legal sequence from an act having Pickett v. Hawes. no reference to the injury. So holding, I think the ruling below was erroneous, and upon this ground that the judgment should be Reversed. Com, J.--I concur in the foregoing opinion of Justice Wmorrr. 1. Practice: BILL or nxcszrrrorzs: nvrnsncn AID rscrs. When the bill of exceptions embodying the evidence taken on the trial of an equitable issue recites that certain facts were proved, without setting out the evidence by which they were established, the Supreme Court will not refuse a trial de novo on the ground that such evidence is not embraced in the record; but when the record does not show all the facts' proved, and it appears aflirmatively that evidence submitted to the...


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Product Details
  • ISBN-13: 9781130529012
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 198
  • Spine Width: 11 mm
  • Width: 189 mm
  • ISBN-10: 1130529010
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 363 gr


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