Hickman v. Hunter
Supreme Court of Iowa
Certiorari from Lucas District Court. — Hon. F. M. Hunter, Judge. This is a proceeding by certiorari, commenced in this court, to annul a judgment rendered by defendant as judge' of the district court in and for Lucas county, in an action in which the plaintiff in this action was the plaintiff, and William Bunch and Mrs. William Bunch were defendants, in which action the court rendered a judgment against plaintiff, and in favor of said defendants for $350 on a counterclaim,…
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Certiorari from Lucas District Court. — Hon. F. M. Hunter, Judge. This is a proceeding by certiorari, commenced in this court, to annul a judgment rendered by defendant as judge' of the district court in and for Lucas county, in an action in which the plaintiff in this action was the plaintiff, and William Bunch and Mrs. William Bunch were defendants, in which action the court rendered a judgment against plaintiff, and in favor of said defendants for $350 on a counterclaim, filed after plaintiff had dismissed his petition.
1Opinion of the CourtPreston, J.
The return of the defendant judge shows the following facts: Plaintiff brought an action for $50 for balance due on rent and for waste. A writ of attachment was issued, under which property was levied upon, and a delivery bond given. On September 5, 1912, plaintiff, by his attorneys, in open court, dismissed said cause without prejudice and paid all costs, before any answer or counterclaim had been filed. Defendants objected to such dismissal, and gave notice verbally that they would file a counterclaim and insist on the trial thereof. Afterwards, on September 6th, defendants filed their…
2Cases cited5 opinions
- Bardes v. HutchinsonSupreme Court of Iowa · 1901
- Davis v. PrestonSupreme Court of Iowa · 1906
- Tiedt v. CarstensenSupreme Court of Iowa · 1884
- Holmes v. HullSupreme Court of Iowa · 1878
- Page v. SackettSupreme Court of Iowa · 1886
3Cited by5 opinions
- Sinnott v. District Court of Clarke CountySupreme Court of Iowa · 1926
- White v. National Bondholders Corp.New York Supreme Court · 1948
- Lyon v. CraigSupreme Court of Iowa · 1931
- Riggs v. Board of SupervisorsSupreme Court of Iowa · 1917
- State Ex Rel. Massman Construction Co. v. ShainSupreme Court of Missouri · 1939