Legal Opinion

Cook v. Smith

Supreme Court of Iowa

Decided June 10, 1882PublishedCited by 14 opinions

Appeal from Pottawattamie Circuit Court. This proceeding was commenced by tbe defendants by filing a petition under Code section 3155, for a new trial on the ground of newly discoverd evidence. A new trial was granted and plaintiff appeals.

1Opinion of the Court

Seevees, Ch., J.

1. NEW TRIAL: jurisdiction of court: appeal. I. "What we shall designate as the original cause was tried in tbe Circuit Court, in March, 1879, and judgment rendered for tbe plaintiff. Tbe petition ^01’ a new trial of such original cause was filed in tbe Circuit Court during tbe same month. In August thereafter an appeal was taken by tbe defendants from tbe judgment to tbe Supreme Court. Such appeal was beard and tbe judgment of tbe Circuit Court affirmed. Cook v. Smith et al., 54 Iowa, 636. After tbe final disposition of tbe appeal in tbe Supreme Court this proceeding for a…

2Cases cited1 opinion

  1. Cook v. SmithSupreme Court of Iowa · 1880

3Cited by14 opinions

  1. Shaw v. AddisonSupreme Court of Iowa · 1945
  2. Dunham v. Des Moines Railway Co.Supreme Court of Iowa · 1949
  3. Fairchild v. United Service CorporationNew Mexico Supreme Court · 1948
  4. State v. MorganUtah Supreme Court · 1901
  5. Chambliss v. HassSupreme Court of Iowa · 1904

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