Altoona Savings Bank v. Pace
Supreme Court of Iowa
1Opinion of the CourtEvans, J.
I. Appellee has filed a motion to dismiss the *449appeal, and sucli motion has been submitted with the case. The grounds of the motion are twofold:(1) That Pearson paid the judgment entered against him into the clerk’s hands, and that the plaintiff accepted the same and receipted to the clerk therefor.(2) That the plaintiff paid the costs taxed against it.
There was no controversy over Pearson’s liability upon the one note. Tie was coneededly liable therefor. His liability, therefore, could not be affected by this pending appeal. There is no plausible reason suggested why the plaintiff should…
2Cases cited2 opinions
- Upton Manuf'g Co. v. HuiskeSupreme Court of Iowa · 1886
- Lytle Investment Co. v. McMorrisSupreme Court of Iowa · 1920
3Cited by1 opinion
- Eysink v. Board of SupervisorsSupreme Court of Iowa · 1941