Carpenter v. Brown
Supreme Court of Iowa
Appeal from Wapello Circuit Com't. • This action was originally brought against F. E. Hills and Joseph Brown on two notes, amounting to one thousand six hundred and thirty-six dollars and forty-four cents and interest, executed by E. E. Hills and E. C. Sehwabkey, secured by mortgage on certain property and woolen mill machinery therein, and on a note of one hundred and fifty-six dollars executed by F. E. Hills.
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Appeal from Wapello Circuit Com't. • This action was originally brought against F. E. Hills and Joseph Brown on two notes, amounting to one thousand six hundred and thirty-six dollars and forty-four cents and interest, executed by E. E. Hills and E. C. Sehwabkey, secured by mortgage on certain property and woolen mill machinery therein, and on a note of one hundred and fifty-six dollars executed by F. E. Hills. It is alleged that the defendant Brown purchased the interest of Sehwabkey in said machinery and business, and as consideration assumed the obligations of Sehwabkey in relation to said…
1Opinion of the CourtDay, J.
i. hew trial: appeal.' I. Some of the errors assigned and argued relate to the proceedings on the original trial, and the sufficiency of the evidence to support the judgment rendered therein. The petition for a new trial was- not filed until after the expiration of six months from the rendition of the judgment. The right to appeal was gone when the petition for new trial was filed, and it could not be revived by the filing of the petition. We can now consider only the gues*453lions pertaining to the trial of the issues raised on the petition for new trial. See Cohol v. Allen, 37 Iowa, 449.
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2Cases cited3 opinions
- State v. BowmanSupreme Court of Iowa · 1877
- Cohol v. AllenSupreme Court of Iowa · 1873
- Chicago & N. W. R. R. v. GillettSupreme Court of Iowa · 1874
3Cited by13 opinions
- Poff v. LockridgeSupreme Court of Oklahoma · 1908
- Mueller Lumber Co. v. McCaffreySupreme Court of Iowa · 1908
- Scott v. HawkSupreme Court of Iowa · 1898
- Rockwell v. KetchumSupreme Court of Iowa · 1910
- Clements v. StapletonSupreme Court of Iowa · 1907
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