Moreno v. Vietor

STUART, Justice.

Plaintiff by certiorari challenges the legality of the respondent’s action in recalling an execution issued in Moreno v. Priester. Respondent held the execution was premature because no judgment had been entered upon the jury verdict. The question before us is whether the procedure in Linn County following a jury verdict satisfied the requirements of R.C.P. 223 and '227 for the entry of a judgment.

We will refer to the parties as follows: Betty Moreno, plaintiff; Priester, defendant; and the trial court as respondent.

On July 12, 1964, plaintiff was injured while riding as a…