Hays v. Turner
Supreme Court of Iowa
Appeal from Pottawottamie District Court. ’The petition claims $160 of defendant as an innkeeper, for the loss of a trunk and contents.- From the testimony the court found the following facts: 1. Defendant was an innkeeper in the city of Council Bluffs, in the latter part of August, 1866. 2. At that time plaintiff stopped at said inn as a guest, Having with him his trunk and the contents substantially as Claimed in the. petition. 3. After remaining as a guest aforesaid, from…
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Appeal from Pottawottamie District Court. ’The petition claims $160 of defendant as an innkeeper, for the loss of a trunk and contents.- From the testimony the court found the following facts: 1. Defendant was an innkeeper in the city of Council Bluffs, in the latter part of August, 1866. 2. At that time plaintiff stopped at said inn as a guest, Having with him his trunk and the contents substantially as Claimed in the. petition. 3. After remaining as a guest aforesaid, from six to ten days, plaintiff, looking as lie was for a location in which to set up his trade, paid his bill, except…
1Opinion of the CourtWright, J.
l. practice: nonsuit: when not allowed, First. As to the right to dismiss. This is conclusively settled by éection 3127 of the Revision, By this, it is declared that an action may be .. . ' ° dismissed ov the plaintm, without prejudice to a future action, before the final submission of «the *217cause to tlie jury, or to the court, when the trial is by the court. And by the next section it is declared that, except in the cases enumerated in section 3127, upon the trial of the action, the decision must be upon the merits. In refusing the plaintiff to take a nonsuit, therefore, the court did not err.
2Cases cited9 opinions
- Brockman v. BerryhillSupreme Court of Iowa · 1864
- McDaniels v. RobinsonSupreme Court of Vermont · 1854
- McDonald v. EdgertonNew York Supreme Court · 1849
- Ingallsbee v. . WoodNew York Court of Appeals · 1865
- Thickstun v. HowardIndiana Supreme Court · 1847
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Jacob Laub Baking Co. v. MiddletonOhio Supreme Court · 1928
- Harris v. BeamSupreme Court of Iowa · 1877
- Baehr v. DowneyMichigan Supreme Court · 1903
- Emerson & Co. v. ConverseSupreme Court of Iowa · 1898
- Holbert v. KellerSupreme Court of Iowa · 1913
12 more not listed; retrieve them via the Exa API.