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Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1887. Excerpt: ... DIGEST. ACTION. 1. Abatement -- Death of Person injured. An action will lie in Iowa to recover damages for the death of one instantly killed, under a statute providing that causes of action shall survive notwithstanding the death of the person entitled to sue. Conners v. R. R. Co. Iowa. 56. 2. Arbitration. An agreement to arbitrate which ousts the jurisdiction of the courts is invalid; and clearly a party who sues, himself, in foreclosure cannot avoid an answer or cross-complaint upon the ground that the parties had agreed to first arbitrate any difference arising upon a lease which substantially, by its terms, put him in possession of the mortgaged property, and required him to apply the income from the property to the extinguishment of the interest. Chamberlain v. R. R. Co. Conn. 223. 3. Contract -- Stipulated Damages reserved out of Last Payment. Though a certain sum per diem is stipulated to be paid as liquidated damages for delay in performing a contract, the amount to be deducted from the last payment on the contract, an action for damages may be brought for the failure to perform in time, though the last payment has not been made. Mitchell v. McKinnon. Mich. 152. 4. On Foreign Judgment -- Discharge in Bankruptcy. Where the discharge in bankruptcy is not secured before judgment is rendered in an action for a debt incurred without fraud, it may be pleaded in bar to an action upon the judgment brought in another state. McDonald v. Davis. N. Y. 157. 5. Ibid. -- Refusal of Stay by Bankruptcy Court. That the court in bankruptcy refused to stay proceedings in the action will not affect the right to plead the discharge to an action on the judgment, when the judgment is recovered before the discharge is secured. Ibid. 6. Against Justice of the Peace--False Imprisonment. An action will...
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