Elsner v. Shrigley
Supreme Court of Iowa
Appeal from Jaclcson District Court. — Hon. O. M. Waterman, Judge. The plaintiff was indicted before the district court of Jackson county for the crime of keeping and maintaining a nuisance, under the law for the suppression of intemperance, and convicted on his plea of guilty. The court “thereupon sentenced the defendant to pay a fine of three hundred dollars and costs, including an attorney’s fee of fifty dollars, to be taxed with the costs,” and gave judgment therefor.
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Appeal from Jaclcson District Court. — Hon. O. M. Waterman, Judge. The plaintiff was indicted before the district court of Jackson county for the crime of keeping and maintaining a nuisance, under the law for the suppression of intemperance, and convicted on his plea of guilty. The court “thereupon sentenced the defendant to pay a fine of three hundred dollars and costs, including an attorney’s fee of fifty dollars, to be taxed with the costs,” and gave judgment therefor. It also decreed the judgment a lien upon the premises described in the indictment, including the “fixtures, furniture,…
1Opinion of the CourtGranger, J.
1. Criminal law: imprisonment: amending judgment: effect. — I. The plea of guilty and judgment were entered at the June term of court, 1889. At the October term, 1889, on motion of the county attorney, without notice to the defendant (plaintiff herein), the court corrected its entry of judgment made at the June term, as follows: “The imprisonment herein provided for not to continue longer than one day for each three and one-third dollars of the fine and costs unpaid.” It is urged that this correction at a subsequent term, without notice, absolutely avoids the judgment.. This position cannot…
2Cases cited18 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- Ex Parte SieboldSupreme Court of the United States · 1880
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
- People Ex Rel. Trainor v. BakerNew York Court of Appeals · 1882
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3Cited by22 opinions
- United States v. PridgeonSupreme Court of the United States · 1894
- State Ex Rel. Johnson v. BroderickNorth Dakota Supreme Court · 1947
- Jackson v. United StatesCourt of Appeals for the Ninth Circuit · 1900
- State Ex Rel. Brown v. NewellTennessee Supreme Court · 1965
- State v. O'DonnellSupreme Court of Iowa · 1916
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