Tufts v. Bauserman

Supreme Court of Iowa

Tufts v. Bauserman

46 Iowa 241

DecidedJune 13, 1877

StatusPublished

This text of 46 Iowa 241 (Tufts v. Bauserman) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tufts v. Bauserman, 46 Iowa 241 (iowa 1877).

Pincite

Opinion

Adams, J.

1. practice: otSíwtton:OÍ usury. The action was dismissed before answer. In no sense, we think, could it be said that any rights, either on the Part the school fund or the defendant Bauserman> had attached. After dismissal, then, the jurisdiction of the court, so far as either the school fund or Bauserman was concerned, was completely divested.

Whether Bauserman, upon a tender of the principal, could, in a proper action, have a decree for the surrender and cancellation of the note, we need not determine. It seems clear to us that in the present case he was out of court after the case was dismissed, and that the court erred in sustaining his motion and allowing him to answer.

Reversed.

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Adams, J.

1. practice: otSíwtton:OÍ usury. The action was dismissed before answer. In no sense, we think, could it be said that any rights, either on the Part the school fund or the defendant Bauserman> had attached. After dismissal, then, the jurisdiction of the court, so far as either the school fund or Bauserman was concerned, was completely divested.

Whether Bauserman, upon a tender of the principal, could, in a proper action, have a decree for the surrender and cancellation of the note, we need not determine. It seems clear to us that in the present case he was out of court after the case was dismissed, and that the court erred in sustaining his motion and allowing him to answer.

Reversed.

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Bluebook (online)

46 Iowa 241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tufts-v-bauserman-iowa-1877.