Marengo Savings Bank v. Byington
Supreme Court of Iowa
Original proceeding by certiorari. An action in equity instituted by one Ridings against the Marengo Savings Bank,- the plaintiff in the present proceeding, was pending in the district court of Iowa county during the October term thereof, 1906, and on the 17th day of November, which was a date prior to the beginning of the next term of court in that county, the judge, who is the defendant in this proceeding, filed with the clerk a finding in the case that the equities were…
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Original proceeding by certiorari. An action in equity instituted by one Ridings against the Marengo Savings Bank,- the plaintiff in the present proceeding, was pending in the district court of Iowa county during the October term thereof, 1906, and on the 17th day of November, which was a date prior to the beginning of the next term of court in that county, the judge, who is the defendant in this proceeding, filed with the clerk a finding in the case that the equities were with the plaintiff, and directed that plaintiff prepare a decree in conformity with such finding, and present it to…
1Opinion of the CourtMcClain, J.
1. Courts: adjournment of term. The records of the district court of Iowa county at its October term show regular adjournments to the succeeding day or a succeeding date, until November 13th, when, as the record recites, “ Tuesday morning, November 13, 1906, court convened as per adjournment, and continued in session during the day when it adjourned.” A subsequent order adjourning the term sine die, signed by the defendant, is of record, reciting the 31st day of December, 1906, as the date of such order, and bearing file mark showing its filing on January 1, 1907. The contention for the…
2Cases cited7 opinions
- Dunn v. StateSupreme Court of Arkansas · 1840
- State v. HathawaySupreme Court of Iowa · 1896
- Irwin v. IrwinSupreme Court of Oklahoma · 1894
- Whitlock v. WadeSupreme Court of Iowa · 1902
- Young v. RannSupreme Court of Iowa · 1900
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3Cited by3 opinions
- Jones v. McClaughrySupreme Court of Iowa · 1915
- State ex rel. Brown v. BeatonSupreme Court of Iowa · 1920
- Denison v. Brotherhood of American YeomenSupreme Court of Iowa · 1921