Josiah Given

The case concerns three judgments entered in 1877 against the plaintiff in Jasper County, Iowa, on which executions were issued and levied on the plaintiff's land in 1899, more than twenty years later. The plaintiff sought to enjoin the sheriff's sale, arguing that the judgments were barred by the statute of limitations under the Revision of 1860 or the Code of 1897. The court held that the limitation period is governed by the Code of 1873, which applied immediately upon the judgments' rendition and preserved a twenty-year period (plus fifteen years) that had not yet expired, so the executions were timely. The court reasoned that statutes of limitation affect only the remedy, not vested contractual rights, and that the 1873 Code's provisions were saved from repeal and controlled over later or earlier codes. It also denied the motion to set aside the supersedeas order, finding authority for the stay and sufficient bonds.

procedure

The case concerned a lawsuit by an Ohio corporation against defendant Jack to enforce a contract for the delivery of promissory notes in exchange for flax or grain, where the defendant's husband had signed her name to the agreement. The trial court overruled the defendant's objections to evidence including the plaintiff's articles of incorporation and the contract itself, and entered judgment for the plaintiff, which the appellate court affirmed. The court reasoned that under Iowa Code provisions on pleading, the articles were properly admitted to show corporate capacity since the answer did not specifically state contrary facts; the defendant was estopped from denying the contract's validity due to ratification by accepting its benefits; corporate contracts are presumed valid and within the entity's powers absent contrary proof; and related documents like a receipt were admissible to show ratification while certain cross-examination was irrelevant.

business & regulatoryprocedure