Cable Co. v. Miller
Supreme Court of Iowa
Appeal from, Cedar Rapids Superior Court. — Hon. C. B. Robbins, Judge. Action in replevin to recover possession of a piano. Trial to the court without a jury. Judgment for plaintiff. Defendant appeals.
1Opinion of the CourtPreston, J.
1. Judgments: exception: correction of entry tunc orders.
I. Appellee has filed a motion to dismiss the appeal, or affirm the judgment, because, as he claims, no exception was taken by appellant to the judgment. By appellant’s amended abstract it appears that at the close of the trial the cause was taken under advisement by the court with the understand-mg that when the case was decided and judgment rendered an exception would be entered for the losing party. Appellant’s counsel were not present when judgment was entered. At a later term the appellant filed a motion to correct the record, to…
2Cases cited23 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- First National Bank v. DutcherSupreme Court of Iowa · 1905
- Unterharnscheidt v. Missouri State Life InsuranceSupreme Court of Iowa · 1912
- Welch v. SpiesSupreme Court of Iowa · 1897
- Brown v. WadeSupreme Court of Iowa · 1876
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3Cited by5 opinions
- Headley v. HeadleySupreme Court of Iowa · 1969
- State v. HarbourSupreme Court of Iowa · 1949
- Cownie v. Local Board of ReviewSupreme Court of Iowa · 1944
- Van Drimmelen v. ConverseSupreme Court of Iowa · 1921
- Phelps v. LinnanSupreme Court of Iowa · 1916