Legal Opinion

Bruce v. Pope

Supreme Court of Iowa

Decided May 14, 1917PublishedCited by 4 opinions

Appeal from Oedar Rapids Superior Court. — C. B. Robbins, Judge. This cause was fully submitted to a justice of the peace on Thursday, July 24, 1913, and he entered judgment therein on Monday, July 28, 1913. The question we have is whether this entry was made so late as that the judgment is void.

1Opinion of the CourtSalinger, J.

time: excinding days: Sundays: judgment 01 juspeacef the I. The judgment must be entered “within three days after the . * cause is siibmitted to the justice for final , 0 action” (citing Section 4522, Code, 1897; Worrall v. Chase, 144 Iowa 665, at 668). The trial court held that judgment was entered in time. Many of the cases cited against this conclusion are inapplicable. They all hold that, where the judgment is entered later than three days after submission, such judgment is void. The sole contention here is over whether the judg: *1162ment ivas entered later than three days aftey submission.

The…

2Cases cited42 opinions

  1. People ex rel. Harless v. HatchIllinois Supreme Court · 1863
  2. Monroe Cattle Co. v. BeckerSupreme Court of the United States · 1893
  3. Street v. United StatesSupreme Court of the United States · 1890
  4. Branch v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1877
  5. State ex rel. State Pharmaceutical Ass'n v. MichelSupreme Court of Louisiana · 1900

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3Cited by4 opinions

  1. St. Paul Mercury Indemnity Co. v. NyceSupreme Court of Iowa · 1950
  2. McConnell v. Iowa Department of Job ServiceSupreme Court of Iowa · 1982
  3. State v. SEVICKSupreme Court of Iowa · 1976
  4. State v. SevcikSupreme Court of Iowa · 1976

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