Squires v. Jeffrey
Supreme Court of Iowa
Appeal from Carroll District Court. — Hon. Z. A. Church, Judge. Judgment was rendered in justice court December L5, 1873, in favor of M. D. Madden against the plaintiff and Elijah H. Cole, and a transcript thereof filed with the clerk of the circuit court May 1, 1876. It was assigned to Thomas E. Barbee, January 22, 1895, and by him to W. A. McLagan.
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Appeal from Carroll District Court. — Hon. Z. A. Church, Judge. Judgment was rendered in justice court December L5, 1873, in favor of M. D. Madden against the plaintiff and Elijah H. Cole, and a transcript thereof filed with the clerk of the circuit court May 1, 1876. It was assigned to Thomas E. Barbee, January 22, 1895, and by him to W. A. McLagan. Execution Issued and was levied on land of the plaintiff, and this action is brought to restrain the sale thereof, and to enjoin the collection of and to cancel the judgment. There was a decree for the plaintiff, and defendants appeal.
1Opinion of the CourtLadd, J.
Two days After the decree was entered, the plaintiff filed an amendment to his petition. This was by leave of court, as the amendment so recites, and the court afterwards refused to strike it from the files. There is no showing to the contrary. The appellant asks that it be stricken from the abstract, because not a part of the record. An amendment maybe allowed after judgment is rendered. O'Connell v. Cotter, 44 Iowa, 48. Whether the court should permit an amendment at such a time is largely within its discretion; and, if it'does so, such amendment becomes a part of the record. As this motion…
2Cases cited2 opinions
- O'Connell v. CotterSupreme Court of Iowa · 1876
- Jamison v. WeaverSupreme Court of Iowa · 1892
3Cited by6 opinions
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- Shehan v. StuartSupreme Court of Iowa · 1902
- Mosher v. McDonald & Co.Supreme Court of Iowa · 1905
- Carlisle v. Sells-Floto Shows Co.Supreme Court of Iowa · 1917
- Johnson v. LeeseSupreme Court of Iowa · 1937
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