Mueller Lumber Co. v. McCaffrey
Supreme Court of Iowa
Appeal from Scott District Court. — Hón. A. B. Barker, Judge. jack and TI. S. McCaffrey and C. W. Major became indebted to plaintiff for lumber in the sum of $324.76 and for material to the Penn Oil •& Supply Company in the sum of $63.31, which was assigned to plaintiff. On December 8, 1904, the defendant entered into a written agreement with said persons to pay .the same.
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Appeal from Scott District Court. — Hón. A. B. Barker, Judge. jack and TI. S. McCaffrey and C. W. Major became indebted to plaintiff for lumber in the sum of $324.76 and for material to the Penn Oil •& Supply Company in the sum of $63.31, which was assigned to plaintiff. On December 8, 1904, the defendant entered into a written agreement with said persons to pay .the same. It appears that- they were in partnership in the opening and improvement of a coal mine in Illinois with a view to its operation. The Ilenepin Coal Company had been incorporated by them, but neither the property nor their…
1Opinion of the Court
Ladd, C. J. —
*7321. Appeal:motion for new trial: time for perfecting. *731The appeal was not perfected within six months from the entry of judgment, and for this rea*732son errors in the record other than disclosed in the motion for new trial can not he considered. The order overruling the motion for new trial 4 0 was within six months before the appeal, and for this reason is reviewable in this court. Section 4110 provides that: “Appeals from the superior and district • courts may be taken to the supreme court at any time within six months from rendition of the judgment in any cause or order appealed…
2Cases cited21 opinions
- Emery v. BradfordCalifornia Supreme Court · 1865
- Beeson v. GreenSupreme Court of Iowa · 1897
- Jones v. Chicago & Northwestern R. R.Supreme Court of Iowa · 1872
- Estate of Bishop v. PearsonSupreme Court of Iowa · 1906
- Hunt v. Iowa Central Railway Co.Supreme Court of Iowa · 1892
16 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
- Reilley v. KinkeadSupreme Court of Iowa · 1917
- Powers v. Des Moines City Railway Co.Supreme Court of Iowa · 1909
- Liddle v. SalterSupreme Court of Iowa · 1917
- Keyes v. BaskervilleSouth Dakota Supreme Court · 1918
16 more not listed; retrieve them via the Exa API.