Butterfield v. Walsh
Supreme Court of Iowa
Appeal from Dubuque District Gourt. Ejectment : new trial after appeal, etc. — Tbis was an action of ejectment. Defendants filed an equitable answer, which on trial in the District Court was sustained, and the plaintiff appealed to the Supreme Court.
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Appeal from Dubuque District Gourt. Ejectment : new trial after appeal, etc. — Tbis was an action of ejectment. Defendants filed an equitable answer, which on trial in the District Court was sustained, and the plaintiff appealed to the Supreme Court. This latter court, at the June Term, 1866, reversed the decision of the District Court, and remanded the cause for judgment accordingly. 21 Iowa, 97. At March Term, 1867, judgment was entered, in obedience to the writ of procedendo, in favor of the plaintiff. In June following, defendants filed in the District Court their application for a new…
1Opinion of the Court
Dillon, Oh. J.
i. action of trial after appreme°court. When the cause was remanded and judgment entered in the District Court for the plaintiff, it was the same as if such judgment had been therein entered and no appeal had been taken. It was simply a judgment for the plaintiff. In such a case sections 3582 to 3588 of the Be vision apply, giving the unsuccessful party the right to apply to the District Court for a new trial. See also Rev. §§ 3112, et seq. / also chap. 141. In an action of this kind, the statute gives two years from the determination of the former trial in which to apply for…
2Cited by6 opinions
- Bevering v. SmithSupreme Court of Iowa · 1903
- Townley v. A. C. Miller Co.Ohio Supreme Court · 1941
- Hinman v. SageSupreme Court of Iowa · 1932
- Daniels v. ButlerSupreme Court of Iowa · 1916
- Iron Silver Min. Co. v. CampbellCourt of Appeals for the Eighth Circuit · 1894
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