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Goodnow v. Plumb

Goodnow v. Plumb, 25 N.W. 870 (Iowa 1885)
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Court
Supreme Court of Iowa · State Highest Courts
Decided
December 14, 1885
Judges
Beck
Citations
25 N.W. 87067 Iowa 661
Headnotes
1. Taxes on Land: payment through mistake as to title: recovery. Goodnow v. Wells, ante, p. 654, followed. 2. Change of Venue: objection for first time on appeal. As the abstract does not show that any objection was made below to the change of venue here complained of, such complaint cannot now be considered.
Summary
Appeal from Webster District Court. Action in chancery to recover for taxes paid by plaintiff upon certain lands owned by defendant, and to enforce a lien thereon for the amount so paid. A decree was rendered by the district court granting the relief sought by plaintiff. Defendant appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Beck

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Beck, On. J.-

I. This case involves the same qxiestions of law arising upon like facts which are decided in the second, sixth and seventh points of the opinion in Goodnow v. Wells, ante, p. 654, decided at the present term. It is unnecessary to discuss these questions again, or to notice them further then to announce that in their disposition we follow our ruling in that case.

II. The venue of the cause was changed upon motion of plaintiff, which is now complained of by defendant as erroneous, for the reason that an affidavit upon which it was made *662 was insufficient. But tbe abstract before us does not show that the order making the change of venue was excepted to in the court below. It therefore cannot be made a ground of objection in this court.

No other questions are presented in the argument of counsel. The judgment of the district court must be

Affirmed

How later courts describe this case

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1895: 118952026peak 1895 · 1

Relies on it most ⓘ

  1. Ross v. Hawkeye Insurance34 L.R.A. 466 (Iowa 1895)

Most recent

  1. Ross v. Hawkeye Insurance34 L.R.A. 466 (Iowa 1895)

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