Legal Opinion

German Savings Bank v. Cady

Supreme Court of Iowa

Decided May 24, 1901PublishedCited by 8 opinions

Appeal from Polh District Gourt. — Hon. S. F. Prouty, Judge. This is an action on a promissory note against O. H. White and II. A. Cady. Defendant White made default. Defendant Cady denied the execution of note. Verdict for plaintiff. Defendant Cady appeals.

1Opinion of the CourtMcClain, J.

1 The record shows the rendition of judgment for plaintiff on May 27, 1899, after the return of a verdict on that day. On May 31, 1899, appellant filed her motion for a new trial, and on the following day appellee filed its motion to strike appellant’s motion for a new trial, on the ground that it was not filed *229within three days after the verdict, as required by Code, section 3756. On June 8, 1899; appellant filed her resistance to the motion to strike, supported by affidavits showing that the verdict was returned on the twenty-seventh day of May, which was Saturday; that appellant’s attorney…

2Cases cited3 opinions

  1. Robinson v. FosterSupreme Court of Iowa · 1861
  2. Ewaldt v. FarlowSupreme Court of Iowa · 1883
  3. Conklin v. City of MarshalltownSupreme Court of Iowa · 1885

3Cited by8 opinions

  1. State Ex Rel. McVay v. District Court of Fourth Judicial DistrictMontana Supreme Court · 1953
  2. Markworth v. State Savings BankSupreme Court of Iowa · 1931
  3. Headford Bros. & Hitchins Foundry v. Associated Manufacturers Corp. of AmericaSupreme Court of Iowa · 1938
  4. Barlow v. MIDWEST ROOFING CO., INC.Supreme Court of Iowa · 1958
  5. Brembry v. Armour & CompanySupreme Court of Iowa · 1959

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