Garretson v. Hays Bros.
Supreme Court of Iowa
Appeal from Marion Circuit Court. AotioN for damages alleged to have been sustained by reason of tbe wrongful levy of an execution upon a stock of goods. Tbe court, on motion of tbe defendants, dismissed the case. Afterwards tbe plaintiff moved to set aside the order of dismissal, and allow her to file an amended petition. Tbe court overruled tbe motion, and from tbe • order overruling tbe motion tbe plaintiff appeals.
1Opinion of the Court
Adams, Ch. J.
Tbe motion to dismiss was based upon tbe alleged fact that no petition was filed within tbe time stated in the original notice. Tbe fact is that something was filed within tbe time, and tbe question presented is as to whether what was filed can be deemed a petition. Tbe paper filed is denominated a “synopsis of petition,” and is entitled “L. P. Garretson v. Hays Bros.” It was marked “ Filed ” by the clerk, and entered upon tbe appearance *20docket of tbe district court of Marion county, but it does not contain tbe name of tbe court or county, or of any court or county. It is shown…
2Cases cited1 opinion
- Morgan v. SmallSupreme Court of Iowa · 1871
3Cited by6 opinions
- Tinn v. U.S. District AttorneyCalifornia Supreme Court · 1906
- Smith v. ConradOregon Supreme Court · 1892
- Jordan v. BrownSupreme Court of Iowa · 1887
- Sievert v. SelvigSupreme Court of Minnesota · 1928
- Ury v. BushSupreme Court of Iowa · 1892
1 more not listed; retrieve them via the Exa API.