Johnson v. Semple
Supreme Court of Iowa
Appeal from Van Burén District Court. Action by ordinary proceedings to recover- money alleged to have been collected by defendant, as-, attorney for the plaintiffs upon a claim left in his hands for collection. The cause was tried to the court, which found generally for the ' plaintiff in the sum of $350.41, and rendered judgment accordingly. The defendant appeals.
1Opinion of the CourtCole, J.
1. new trial: constitutional iaw. — I. It is first insisted by tbe counsel for appellee that, since the cause was tried to the court, which found generally for plaintiff and did not find the facts, and no motion for a new trial having been made, no question is raised by the appeal which this court can pass upon. It is conceded, however, that the legislature attempted to authorize this court to hear and decide such appeals, by chapter 49 of acts of eleventh general assembly (1866); but it is claimed that the act is unconstitutional.. A motion for a new trial ivas, before that act, the method…
2Cited by4 opinions
- Wheeler's Appeal from ProbateSupreme Court of Connecticut · 1877
- Scott v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1913
- Sisters of Visitation v. GlassSupreme Court of Iowa · 1876
- Hollenbeck v. StanberrySupreme Court of Iowa · 1874