Owens v. Norwood-White Coal Co.
Supreme Court of Iowa
Appeal from Polh District Court.- — Charles A. Dudley, Judge. On a former trial, the present appellant recovered a judgment. This was, on appeal, reversed, on the ground that, upon the record, the plaintiff had failed to make a case by the evidence. Procedendo issued in the usual way; the plaintiff had the cause reassigned for trial.
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Appeal from Polh District Court.- — Charles A. Dudley, Judge. On a former trial, the present appellant recovered a judgment. This was, on appeal, reversed, on the ground that, upon the record, the plaintiff had failed to make a case by the evidence. Procedendo issued in the usual way; the plaintiff had the cause reassigned for trial. Defendant moved for judgment, on the theory that the effect of the appellate decision was to put the cause of plaintiff in the same condition as if the Supreme Court had held on review de novo that plaintiff had failed to make a case. The trial court sustained…
1Opinion of the CourtSalinger, J.
I. The foregoing statement fairly presents what must of necessity be, and is, the position of the appellee. It insists that the aforesaid judgment of reversal, being based upon insufficiency of the evidence for plaintiff, operates as a final judgment, and that it should so operate because the law purposes “that a man shall not be twice *949vexed for one and the same canse;” that “it is to the public welfare that there be an end of litigation;” and that “it concerns the commonwealth that things adjudged be not rescinded.” Practically nothing is added to this statement, except to call our attention…
2Cases cited2 opinions
- Landis v. Interurban Railway Co.Supreme Court of Iowa · 1915
- Sanders v. Sutlive Bros. & Co.Supreme Court of Iowa · 1915
3Cited by9 opinions
- Beeck v. Aquaslide 'N' Dive Corp.Supreme Court of Iowa · 1984
- Olson v. HodgesSupreme Court of Iowa · 1945
- Owens v. Norwood-White Coal Co.Supreme Court of Iowa · 1919
- Buttman v. ChristySupreme Court of Iowa · 1924
- Flood v. City National BankSupreme Court of Iowa · 1935
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