Cooley v. Maine
Supreme Court of Iowa
Appeal from Adams District Court. — Thos. L. Maxwell, Judge. The question is whether appellant, whose petition was successfully demurred to on the ground that the cause presented was barred by limitations, was by such ruling wrongfully denied the benefits of Section 3455 of the Code, which authorizes the rebringing of an action where plaintiff has, for some cause other than his negligence, failed in the prosecution of an earlier action.
1Opinion of the CourtSalinger, J.
T. The appellants took their chances in presenting the appeal in the manner that it is done. Their presentation fully justifies us in refusing to consider the merits of the appeal, should we elect to insist upon that right. We must say this much so that, once more, it may be emphasized that appellants must read the rules governing presentation here. We have elected to waive our privilege because of the character of the law question involved, and because it is somewhat easier to ascertain what they are and to pass upon them than- it would be in some other cases having like presentation.
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2Cases cited14 opinions
- Dunton v. McCookSupreme Court of Iowa · 1903
- Lamb v. McConkeySupreme Court of Iowa · 1888
- Wapello State Savings Bank v. ColtonSupreme Court of Iowa · 1909
- McDonald v. JacksonSupreme Court of Iowa · 1880
- Johns v. BaileySupreme Court of Iowa · 1876
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3Cited by11 opinions
- Liken v. ShafferDistrict Court, N.D. Iowa · 1946
- Brown v. SchmitzSupreme Court of Iowa · 1946
- Swartzendruber v. PolkeSupreme Court of Iowa · 1928
- Liken v. ShafferCourt of Appeals for the Eighth Circuit · 1944
- First National Bank v. Board of SupervisorsSupreme Court of Iowa · 1935
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