Orke v. McManus
Supreme Court of Iowa
Appeal from "Winneshiek District Court. — Hon. L. E. Eeleows, Judge. This is an appeal from an order of the trial court requiring the intervener to make restitution of money collected by execution on a former judgment of the lower court in its favor. Such collection was made pending an appeal from such judgment to this court.
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Appeal from "Winneshiek District Court. — Hon. L. E. Eeleows, Judge. This is an appeal from an order of the trial court requiring the intervener to make restitution of money collected by execution on a former judgment of the lower court in its favor. Such collection was made pending an appeal from such judgment to this court. Such judgment having been reversed here and the case remanded to the lower court, further proceedings were had there which re-suited in. an order against tlie intervener for' restitution, and it appeals from such order.-
1Opinion of the CourtEvans, J.
This case was before us on a former appeal. Orke v. McManus, 142 Iowa, 654. At that time the plaintiff was the appellant and the intervener was the appellee. The issues in the case, as shown in the former appeal, must be briefly stated. The plaintiff sued McManus for the purchase price of certain property. The intervener filed a petition of intervention, setting up its ownership of the property sold to McManus. It,ratified the sale to McManus, but asked to recover the purchase price thereof in lieu of the plaintiff. McManus conceded his liability to the plaintiff unless he was liable to the…
2Cases cited1 opinion
- Orke v. McManusSupreme Court of Iowa · 1909
3Cited by2 opinions
- Muchmore Equipment, Inc. v. GroverSupreme Court of Iowa · 1983
- Boardman v. FarberSupreme Court of Iowa · 1918