The Code of Iowa Passed at the Session of the General Assembly of 1850-51, and Approved 5th February, 1851 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1851 Excerpt: ...of the pre-Exceptions, ceding section does not apply when the article of personal property sold is not at the time of the contract owned by the vendor and ready for delivery, but labor, skill, or money are necessarily to be expended in producing or procuring the the same: nor do those of the fourth subdivision of said section apply where the purchase money or any portion thereof has been received by the vendor, or when the vendee with the actual or implied consent of the vendor has taken and held possession thereof under and by virtue of the contract, or when there is any other circumstance which by the law heretofore in force would have taken a case out of the statute of frauds. 2412. The above regulations, relating merely to the proof Tie above of contracts, do not prevent the enforcement of those whichrcgtlonsare not denied in the pleadings, unless in cases where the contract is sought to be enforced or damages to be recovered for the breach thereof against some person other than him who made it. 2413. Nothing in the above provisions shall prevent the"Auo ner exparty himself, against whom the unwritten contract is sought ccPtlon, to be enforced, from being called as a witness by the opposite party nor his oral testimony from being evidence. 2414. The usual protest by a notary public without proof Notarial proof his signature or notarial seal is evidence of the dishonortcst and notice of a bill of exchange or promissory note. How testimony is to be procured. 2415. A subprena is the proper way of bringing a witness TITLE 02.1. CHAPTER CXXX. Subpoenas duces tecum. How far sent in civil cases Demand of iocs. Disobeying bubiiumas. When enforced. Powers of officer. Parties to appear. into court. It must require the witness to be present at a prescribed ti...