Sanders v. Clark
Supreme Court of Iowa
Appeal from Johnson District Court. On the 11th day of November, 1861, Adda Lucas and Mavor Sanders sold to defendant all the down and standing timber on N. E. J, Sec. 14, T. 80, II. 6 W., except such as should be eight inches in circumference at the base of the tree; also excepting therefrom the timber standing upon certain portions of said tract therein described ; they' further sold a stearn saw-mill and the fixtures connected therewith for convenience and use, all for…
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Appeal from Johnson District Court. On the 11th day of November, 1861, Adda Lucas and Mavor Sanders sold to defendant all the down and standing timber on N. E. J, Sec. 14, T. 80, II. 6 W., except such as should be eight inches in circumference at the base of the tree; also excepting therefrom the timber standing upon certain portions of said tract therein described ; they' further sold a stearn saw-mill and the fixtures connected therewith for convenience and use, all for the consideration of $1,500 — the timber to be removed by the 1st of April, 1864, and the saw-mill in one year thereafter.…
1Opinion of the Court
Lowe, Ch. J.
1. New trial: discretion. The appeal of neither can be sustained. The plaintiff complains that a new trial was granted, This was done upon the first and second grounds, stated in defendant’s motion, namely: that he had, by accident, been prevented from, interposing a good defense which existed in his favor, which ordinary prudence could not have guarded against; and, secondly, for newly discovered evidence. These causes were very fairly supported by the affidavit of the defendant, whose statement of facts therein was both pertinent and particular, authorizing, so far we can…
2Cited by8 opinions
- Baker v. KenneySupreme Court of Iowa · 1910
- Lehtonen v. Marysville Water & Power Co.Washington Supreme Court · 1908
- Peshtigo Lumber Co. v. EllisWisconsin Supreme Court · 1904
- Roux v. HoukSupreme Court of Florida · 1931
- Walker v. CoxSupreme Court of Alabama · 1923
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