Bevering v. Smith
Supreme Court of Iowa
Appeal from. Lee District Court. — Hon. H. Bane, Judge. - The plaintiffs own lot 12, in block 168, in the city of Keokuk, and defendant lot 11 adjoining, in the same block. The petition, filed June 14, 1897, alleged that defendant was, and had been for some time, in the wrongful possession of a strip three feet wide and one hundred and forty feet long, along the west side of lot 12, and prayed that she be ejected, and for damages.
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Appeal from. Lee District Court. — Hon. H. Bane, Judge. - The plaintiffs own lot 12, in block 168, in the city of Keokuk, and defendant lot 11 adjoining, in the same block. The petition, filed June 14, 1897, alleged that defendant was, and had been for some time, in the wrongful possession of a strip three feet wide and one hundred and forty feet long, along the west side of lot 12, and prayed that she be ejected, and for damages. The answer put-plaintiffs on their proof, and averred that defendant’s lot-was inclosed by buildings and fence, and had been for forty years, and, as so inclosed,…
1Opinion of the Court
Ladd, J.-
i new trial-cLtfonatobe filed' Section 4205 of the Code, found in the chapter relating to the recovery of real property, reads: “In cases provided for in this chapter the court, in its discretion, may grant a new trial on the application of any party theretu, or those claiming under a party, made at any time within one year after the former trial, although the grounds required for a new trial in other cases are not shown.” The period within which application may be made evidently begins from the termination of the trial. Appellee insists that ended with the return of the verdict. If…
2Cases cited21 opinions
- Miller v. Mills CountySupreme Court of Iowa · 1900
- Hill v. StateTexas Supreme Court · 1874
- Watson v. RichardsonSupreme Court of Iowa · 1899
- Ean v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1898
- Commonwealth v. McElhaneyMassachusetts Supreme Judicial Court · 1873
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3Cited by9 opinions
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- Fredricksen v. BierentSupreme Court of Iowa · 1912
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