Conklin v. City of Marshalltown
Supreme Court of Iowa
Appeal from Marshall Circuit Couwt. The plaintiff seeks by this action to recover the value of a horse, which he claims was killed by falling into a sewer, which was negligently constructed and negligently allowed to become out of repair by the defendant. There was a trial by jury, which resulted .in a verdict and judgment for the plaintiff. Defendant appeals.
1Opinion of the CourtEothrock, J.
1. practice: petition/'ten term?computation of time, I. The petition in the case was filed on the twenty-ninth day of November, 1884, and the next term of the court commenced on the tenth day of j December. The defendant appeared at the next tei'm an^ moved to discontinue the action because ^pg petition was not filed ten days before the term. Section 2600 of the Code provides that “ if the petition is not filed by the date thus fixed, (in the notice,) and ten days before the term, the action will be deemed discontinued.” Section 45, sub. 23, of the Code is as follows: “In computing time, the…
2Cases cited2 opinions
- Robinson v. FosterSupreme Court of Iowa · 1861
- Ruggles v. Town of NevadaSupreme Court of Iowa · 1884
3Cited by5 opinions
- Johnston v. New Omaha Thomson-Houston Electric Light Co.Nebraska Supreme Court · 1910
- Styles v. DickeyNorth Dakota Supreme Court · 1912
- German Savings Bank v. CadySupreme Court of Iowa · 1901
- Farrell v. City of DubuqueSupreme Court of Iowa · 1906
- Bruce v. PopeSupreme Court of Iowa · 1917