Supreme Court of Iowa, 1861

Smith v. Short

Supreme Court of Iowa · Decided April 15, 1861 · Wright

11 Iowa 523

Cases that cite this one

9 later published cases cite this decision.

Des Moines City Railway Co. v. Amalgamated Ass'n of Street & Electric Railway Employees (Iowa 1927)
Beeman v. Bankers Life Co. (Iowa 1933)
Bankers Life Co. v. Bennett (Iowa 1935)
McIntosh v. Brown (Iowa 1913)
Biermann v. Guaranty Mutual Life Insurance (Iowa 1909)
Security Savings Bank v. Carroll (Iowa 1905)
Home Savings & Trust Co. v. Hicks (Iowa 1902)
Anderson v. Orient Fire Insurance (Iowa 1893)
Dubuque & Sioux City Railway Co. v. Cedar Falls & Minnesota Railway Co. (Iowa 1888)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Wright, J.

The injunction in this case was improperly .granted, and the demurrer to the bill should have been sustained.

Complainant seeks to enjoin an action at law, which Tay*524lor, as the assignee of Short, was prosecuting to collect a part of the purchase money of certain real estate. He avers that Short had no title to the property; that he induced bim to enter into said contract by the use of fraudulent means; that the consideration has failed, and that Taylor when he took the assignment had full notice of all these, matters. It is not intimated that either Taylor or Short are insolvent, nor that any necessity exists for appealing to the conscience of the respondents for a discovery. For aught that is shown, every matter stated in the- bill, can be made as fully available in answer and defense, to the action at law, as by an appeal to equity. Under such circumstances, the parties should be left to their legal remedies and defenses.

The order granting the injunction is reversed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.