Heim v. Resell
Supreme Court of Iowa
Appeal from Allamakee District Court. — Hon. L. E. Eel-lows, Judge. This is a proceeding on a petition for new trial of an action between the same parties, in which there was a verdict and judgment for the defendants. The petition was supported by affidavits, and on a hearing the lower court dismissed the petition. Plaintiffs appeal.
1Opinion of the CourtMcClain, J.
In the former action, retrial of which is asked in this petition, the allegations of plaintiffs were that defendants were indebted to them in the sum of $108.95 for money loaned by plaintiffs to defendants, with interest thereon; and in the separate answers of defendants the allegations of the petition were denied, and it was alleged that defendants never had with plaintiffs, or with any one acting for them, any transactions out of which the indebtedness sued for arose, or ever received or retained any money belonging to plaintiffs, not fully accounted for. The issues in that trial were…
2Cases cited14 opinions
- Dunlavey v. WatsonSupreme Court of Iowa · 1874
- Heathcote v. Haskins & Co.Supreme Court of Iowa · 1888
- Scott v. HawkSupreme Court of Iowa · 1898
- Hopper v. Moore & Co.Supreme Court of Iowa · 1876
- Mehan v. C., R. I. & P. R.Supreme Court of Iowa · 1880
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3Cited by3 opinions
- Abell v. PartelloSupreme Court of Iowa · 1927
- Heim v. ResselSupreme Court of Iowa · 1913
- Lovrien v. RoweSupreme Court of Iowa · 1959