Miller v. Rosebrook
Supreme Court of Iowa
Appeal from Mahaska District Court. — Hon. 'Byron W. Preston, Judge. The opinion in R. P. Miller v. L. B. Bosebrook was filed November 12, 1907. A petition for rehearing having been denied, procedendo issued, and thereafter a motion for judgment was overruled. The plaintiff appeals.
1Opinion of the CourtLadd, J.
As appears from the opinion in Miller v. Rosebrook, 136 Iowa, 158, the District Court had dismissed the petition, and upon appeal this court held that the judgment recovered by Gilchrist against defendant, and of which a transcript had been filed in the District Court, should have been treated as a judgment of the latter court, and that plaintiff, as assignee thereof was entitled to a new judgment thereon. In other respects the decree was affirmed. Such judgment as the district court should have rendered might have been entered in this court, but this was not done, nor did the opinion…
2Cases cited8 opinions
- Roberts v. Austin Corbin & Co.Supreme Court of Iowa · 1868
- Hogle v. SmithSupreme Court of Iowa · 1907
- Bixby v. Omaha & Council Bluffs Railway & Bridge Co.Supreme Court of Iowa · 1898
- Pitkin v. PeetSupreme Court of Iowa · 1895
- White v. FarlieSupreme Court of Iowa · 1885
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