Reports of Cases at Law and in Equity; Argued and Determined in the Supreme Court of the State of Iowa Volume 57 (Paperback)

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. 1882 edition. Excerpt: ...supposed to know simply their general power. He was not, we think, supposed to have knowledge of specific facts upon which the exercise of their power depended. The question is raised in argument, though not in the demurrer, as to whether the petition should not have shown 2_ PLEADING: that Baxter had authority to employ the plaintiff. g fi ' " ' To this we think it sufiicient to say that he """'m"" might have had, and the averment is that "the defendant through Baxter did employ the plaintifi'." We do not think that it was necessary to aver more. Besides, the plaintiff avers that the sale negotiated by him was adopted and completed by the county. REVERSED. l. Jurisdiction: or causr. PRESENTED wrraour ACTION uron AN AGREED STATEMENT or E'-'CTs. The courts of this state have no jurisdiction to entertain a cause presented without action upon an agreed statement of facts, unless it is shown by aifidavit that the controversy is real. and that the proceeding is in good faith to determine the rights of the parties thereto. Code, 3408, 3409. Appeal from Pottawattamia District C'om't. Wnnnnsnnr, DECEMBER 12. Tins is a case, prosecuted without action, upon an agreed statement of facts, wherein plaintiif sought an injunction restraining defendants from opening an extension of a street. The district court dismissed the proceeding, and plaintiff appeals. Baex, J.--I. This proceeding is wholly based upon an agreed statement of facts, signed by the attorneys of the parties, wherein the relief sought by plaintiff is prayed for.-There are no pleadings in the case, nor was there any notice or other process served upon defendant. The Code contains...