Legal Opinion

City of Burlington v. Fear

Supreme Court of Iowa

Decided April 11, 1902PublishedCited by 1 opinion

Appeal from Des Moines District Court. — Hon. James D. Smyti-i, Judge. The question to be disposed of arises on a motion made by plaintiff for a nunc pro tunc judgment against the defendants. The motion was denied, and plaintiff appeals.—

1Opinion of the Court

Waterman, J. —

The facts which 'gave rise to the motion made are as follows: In September, 1898, appellant brought an action against Fear, who was city auditor, and the other two defendants named herein, who were sureties on Fear’s bond. The case was tried to a jury in September, 1899; and, on the conclusion of plaintiff’s testimony, counsel for the sureties (not representing Fear) asked a directed verdict for nominal damages against their clients. This was ordered, and a verdict for one cent damages was returned. Counsel for plaintiff then announced they would prepare a form of judgment…

2Cases cited1 opinion

  1. Ritchey v. FisherSupreme Court of Iowa · 1892

3Cited by1 opinion

  1. Hoffman-Bruner Granite Co. v. StarkSupreme Court of Iowa · 1906

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