Lord v. Ellis
Supreme Court of Iowa
Appeal from Hardin District Court. This action was commenced, and judgment rendered for plaintiff, in a justice’s court. The defendant removed it to the District Court by writ of error, and in that court the judgment of the justice was reversed.
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Appeal from Hardin District Court. This action was commenced, and judgment rendered for plaintiff, in a justice’s court. The defendant removed it to the District Court by writ of error, and in that court the judgment of the justice was reversed. Erom this judgment the plaintiff appealed to the Supreme Court, and at the December Term, 1859, (see 9 Iowa 301,) the judgment of the District Court was reversed, and a procedendo issued commanding the District Court to affirm the judgment of the justice. Upon this procedendo the plaintiff moved the District Court for an order affirming the judgment…
1Opinion of the CourtWright, J.
When this case, attheDeeember Term, 1859, of this court was remanded, the order directed that the District Court affirm the judgment of the justice. Under this order the court below had nothing to do but to enter the judgment as directed1. And it is certainly true that no fact or circumstance existing prior to the first hearing in the District Court could be interposed as a reason against such affirmance. The matter alleged by appellee in the court below, in this instance as cause against such order, occured before, and if by his own ladies or failure to plead or make the same known at the…
2Cases cited1 opinion
- Pomroy & Co. v. ParmleeSupreme Court of Iowa · 1859
3Cited by2 opinions
- Landis v. Interurban Railway Co.Supreme Court of Iowa · 1915
- McNiel v. District CourtSupreme Court of Iowa · 1916