Lundon v. Waddick
Supreme Court of Iowa
Appeal from Jones District Court. — Hon. William G. Thompson, Judge. Appeal from an order dismissing defendant’s petition for a new trial of a case of the same title, which resulted in a verdict and judgment for the plaintiff, in the sum of six hundred dollars.
1Opinion of the CourtDeemer, J.
1 Appellee presents a motion to strike appellant’s assignments of error because not filed in time. It appears that these assignments were not incorporated in the original abstract, but accompanied the appellant’s argument. This argument, with the assignments of error, was served upon counsel for appellee on December 21, 1895, — more than ten days before the commencement of the January term, and before it became necessary, under our rules, for appellee to make his argument; and, while it was not filed at the time required by our rules (section 51), yet, as the appellee suffered no prejudice or…
2Cases cited1 opinion
- Ind. Dist. v. Dist. Tp.Supreme Court of Iowa · 1876
3Cited by8 opinions
- Kelly v. CummensSupreme Court of Iowa · 1909
- Svoboda v. Svoboda Ex Rel. HullingerSupreme Court of Iowa · 1953
- Scott v. HawkSupreme Court of Iowa · 1898
- Sitzer v. FenzloffSupreme Court of Iowa · 1900
- Reeves Realty Co. v. BrownSupreme Court of Oklahoma · 1915
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