[DOWNLOAD] "Hubbard v. Marsh" by Supreme Court Of Iowa. # Book PDF Kindle ePub Free

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eBook details

• Title: Hubbard v. Marsh
• Author : Supreme Court Of Iowa.
• Release Date : January 06, 1948
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

[1] This is a proceeding in equity whereby plaintiff asks for an accounting and judgment. Count I of the petition alleges an agreement, partly written, partly oral, and under this agreement claims a percentage of defendants profits for the year 1947. Defendant in answer to Count I states that the written agreement is clear, unambiguous and complete in itself; that any evidence offered in connection therewith would violate the parol-evidence rule and that plaintiff is bound by the writing, as a matter of law. Other counts of the petition, not set forth in the record but conceded by counsel to exist and to involve an entirely separate matter, are not involved. The legal questions raised by the answer were submitted to the trial court prior to a trial of the case, and on July 28, 1947, an order was made to the effect that "oral evidence of the alleged oral agreement is not admissible in this case." Plaintiff has appealed from the "order, ruling and decision herein under date of July 28, 1947." The record does not disclose any order of this court or a justice thereof authorizing this appeal, and the question therefore is before us as to the jurisdiction of this court to entertain the appeal. While appellee has not filed a motion to dismiss or otherwise raised this issue, the question must be determined, as jurisdiction may not be had through consent, or, much less, by mere silence on the part of appellee, if as a fact no jurisdiction exists. Green v. Ronen, 59 Iowa 83, 12 N.W. 765; City Council of Marion v. National L. & Inv. Co., 122 Iowa 629, 98 N.W. 488; Smith v. Des Moines & Central Iowa R.R., 211 Iowa 223, 233 N.W. 57; Jensen v. Nolte, 231 Iowa 1103, 3 N.W.2d 140; Whittier v. Whittier, 237 Iowa 655, 23 N.W.2d 435.

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