Sanders v. Sutlive Bros. & Co.
Supreme Court of Iowa
Appeal from Lee District Court. — H. Bank, Jr., Judge. Action at law. Upon a reversal of the case in this court, procedendo issued, and thereafter in the district court, plaintiff filed a motion assailing defendants’ answer, and defendants filed a motion for a final judgment upon the procedendo. Plaintiff’s motion was overruled.
Read the full summary
Appeal from Lee District Court. — H. Bank, Jr., Judge. Action at law. Upon a reversal of the case in this court, procedendo issued, and thereafter in the district court, plaintiff filed a motion assailing defendants’ answer, and defendants filed a motion for a final judgment upon the procedendo. Plaintiff’s motion was overruled. Without the introduction of any evidence or the offer of any, the trial court sustained defendants’ motion for final judgment, dismissed plaintiff’s petition, and rendered judgment against plaintiff for costs Plaintiff appeals.
1Opinion of the CourtPreston, J.
MR^reversa™' afterreversal. 1. The substance only of the answer and plaintiff’s motion attacking it are set out in the abstract. We do not understand plaintiff to now rely upon that ruling for reversal. The reversal upon the former aPPeal was general, and in the opinion, there was 110 specific direction to enter judgment in accordance with the opinion. 163 Iowa 172. The reversal of a law ease ordinarily means a new trial. Under certain circumstances, the Supreme Court may render such judgment as the district court should have rendered, or direct it to be done. Code Section 4139. The…
2Cases cited8 opinions
- Landis v. Interurban Railway Co.Supreme Court of Iowa · 1915
- Vogt v. City of GrinnellSupreme Court of Iowa · 1907
- Drefahl v. TuttleSupreme Court of Iowa · 1875
- Sanders v. Sutlive Bros. & Co.Supreme Court of Iowa · 1913
- Artz v. C., R. I. & P. R. R.Supreme Court of Iowa · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Buttman v. ChristySupreme Court of Iowa · 1924
- Owens v. Norwood-White Coal Co.Supreme Court of Iowa · 1917
- Flood v. City National BankSupreme Court of Iowa · 1935
- Sanders v. Sutlive Bros. & Co.Supreme Court of Iowa · 1919
- Eclipse Lumber Co. v. DavisSupreme Court of Iowa · 1926
2 more not listed; retrieve them via the Exa API.