Jewett v. Shoemaker
Supreme Court of Iowa
Appeal from Pocahontas District Court.— Hon. A. U. Bailie, Judge. Shoemaker & Anderson recovered judgment in the district court of Pocahontas county against the Commercial Mutual Insurance Company of Des Moines for $1,035.60 and costs on the 16th day of January, 1899. Thereafter notice of appeal was served upon the clerk of court, and an attempt'made to serve the same upon the judgment plaintiff.
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Appeal from Pocahontas District Court.— Hon. A. U. Bailie, Judge. Shoemaker & Anderson recovered judgment in the district court of Pocahontas county against the Commercial Mutual Insurance Company of Des Moines for $1,035.60 and costs on the 16th day of January, 1899. Thereafter notice of appeal was served upon the clerk of court, and an attempt'made to serve the same upon the judgment plaintiff. In October following, the insurance company filed with the clerk of the district court a supersedeas bond, conditioned as provided in section 4128, Code, v.ith the plaintiffs as sureties. Thereafter…
1Opinion of the CourtLadd, J.
The plea in bar was good. By the terms of the supersedeas bond, the sureties promised “ to satisfy and perform the judgment or order appealed from in case it shall *563be affirmed and any judgment or order which the Supreme Court may render or order to be rendered by the inferior court.” If for any reason the judgment ought not to have been affirmed, that issue should have been raised by the principal. The sureties agreed to bide the result. Phelan v. Johnson, 80 Iowa, 727; Drake v. Smythe, 44 Iowa, 410. See McConnell v. Poor, 113 Iowa, 133.
The judgment of the district court against the insurance…
2Cases cited3 opinions
- McConnell v. PoorSupreme Court of Iowa · 1901
- Drake v. SmytheSupreme Court of Iowa · 1876
- Phelan v. JohnsonSupreme Court of Iowa · 1890
3Cited by6 opinions
- Pease v. Rathbun-Jones Engineering Co.Supreme Court of the United States · 1917
- Bankers Surety Co. v. LinderSupreme Court of Iowa · 1912
- Peck v. Curlee Clothing Co.Supreme Court of Oklahoma · 1917
- Egan v. Chicago Great Western Ry. Co.U.S. Circuit Court for the District of Northern Iowa · 1908
- St. George v. BoucherMontana Supreme Court · 1930
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