Du Boise, McGovern & Co. v. Bloom
Supreme Court of Iowa
Appeal from Pottcmattamie Circuit Cowrt. On the 27th day of August 1873, plaintiff recovered in the Pottawattamie Circuit Court, a judgment for $831.07. The term at which the judgment was rendered adjourned on the 13th day of September, 1873. Within ten days after the adjournment of the term, the defendant filed in the office of the clerk of the court a stay bond which was duly approved, but on which the sureties did not justify.
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Appeal from Pottcmattamie Circuit Cowrt. On the 27th day of August 1873, plaintiff recovered in the Pottawattamie Circuit Court, a judgment for $831.07. The term at which the judgment was rendered adjourned on the 13th day of September, 1873. Within ten days after the adjournment of the term, the defendant filed in the office of the clerk of the court a stay bond which was duly approved, but on which the sureties did not justify. On the 23d of October, 1873, the plaintiff filed a motion before the judge of the Circuit Court at Chambers, for an order requiring the clerk of the Circuit Court to…
1Opinion of the CourtDay, J.
— Four days intervened between the date of the rendition of the judgment and the first day of September, 1873, when the Code took effect. Code, section 49. The principal question involved is whether the stay of execution in this case is governed by the provisions of section 3294 of the Eevision, in force when the judgment was rendered, authorizing the stay within ten days from the expiration of the term at which judgment is rendered, or by the provisions of section 3061 of the Code, in force when the stay was procured, requiring the stay to be taken within ten days from the entry of judgment.…
2Cited by2 opinions
- Cutler v. RobertsNebraska Supreme Court · 1878
- Woods v. HavilandSupreme Court of Iowa · 1882