Fenton v. Way
Supreme Court of Iowa
Appeal from, Hardin District Court. This cause was before us on a former occasion, on the appeal of plaintiff from a decree dismissing bis petition. The cause was then reversed, and it was ordered that, if plaintiff so elect, a decree in conformity with the opinion be entered in this court, or that the cause be remanded to the court below for the entering of such decree.
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Appeal from, Hardin District Court. This cause was before us on a former occasion, on the appeal of plaintiff from a decree dismissing bis petition. The cause was then reversed, and it was ordered that, if plaintiff so elect, a decree in conformity with the opinion be entered in this court, or that the cause be remanded to the court below for the entering of such decree. See"40 Iowa, page 196. On the 23d day of April, 1875, plaintiff filed in the Hardin District Court a copy of the opinion and procedendo, and moved the court for a decree in obedience to the opinion of the Supreme Court. The…
1Opinion of the CourtDay, J.
i. practice: reliearing?1 decree. I. The court did not err in proceeding to enter a decree pursuant to the direction of this court, in accordance the opinion. The objections interposed by defendants are without merit. The court could not expected to withhold action upon the suggestion that defendant intended to petition for a rehearing. Upon the filing of such petition and order from a judge of this court, the procedendo would be recalled. That not having been done when the plaintiff moved for a decree, it was the duty of the court below to proceed pursuant to the order contained in the…
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