Belzor v. Logan
Supreme Court of Iowa
Appeal from Story Circmt Court. Plaintiff filed his petition, claiming for labor, hauling and board, annexing bill of particulars with sixty-five items, aggregating $1,975.85. Defendants filed their answer, denying thirty-five items and admitting the balance; and set up a cross action, for groceries, feed, and orders paid to others, annexing bill of particulars, with four hundred and eighty-five items, aggregating $1,830.20, and claiming balance of $50. Plaintiff filed a…
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Appeal from Story Circmt Court. Plaintiff filed his petition, claiming for labor, hauling and board, annexing bill of particulars with sixty-five items, aggregating $1,975.85. Defendants filed their answer, denying thirty-five items and admitting the balance; and set up a cross action, for groceries, feed, and orders paid to others, annexing bill of particulars, with four hundred and eighty-five items, aggregating $1,830.20, and claiming balance of $50. Plaintiff filed a reply, admitting eighty-one items of cross claim, and denying balance. • At the May term, “,the court appointed J. "W.…
1Opinion of the CourtCole, J.
Our statute provides (Bev., § 3127) : “ An action may be dismissed, and such dismissal shall be without prejudice to a fixture action: 1. By the plaintiff before the final submission of the case to the jxxry, or to the court, when the trial is by the court * * This is construed to be equivalent to a denial of the right to dismiss after such submission. It has often been held by this court, that under our statutes (§§ 3093, 3094) the report of a referee was like, and had the same effect as, a verdict of the jury or a finding by the court, and certainly the reason which would deny a party the…
2Cases cited1 opinion
- Everett v. TaylorSupreme Court of Missouri · 1862
3Cited by6 opinions
- Morrisey v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1890
- McArthur v. SchultzSupreme Court of Iowa · 1889
- Young v. ScovilleSupreme Court of Iowa · 1896
- Inman Manufacturing Co. v. American Cereal Co.Supreme Court of Iowa · 1912
- Duffy v. Glucose Sugar Refining Co.U.S. Circuit Court for the Southern District of Iowa · 1905
1 more not listed; retrieve them via the Exa API.