Estate of Bishop v. Pearson
Supreme Court of Iowa
Appeal from Polk ■ District Court.— Hons. Josiai-i Given and W. H. McHenry, Judges. Proceedings for the establishment of a claim against the estate of L. Bishop, deceased.’ The case was originally tried before Judge Given, resulting in a directed verdict for defendant. Judgment was rendered upon the verdict, and costs taxed to claimant.
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Appeal from Polk ■ District Court.— Hons. Josiai-i Given and W. H. McHenry, Judges. Proceedings for the establishment of a claim against the estate of L. Bishop, deceased.’ The case was originally tried before Judge Given, resulting in a directed verdict for defendant. Judgment was rendered upon the verdict, and costs taxed to claimant. Thereupon, and within three days from the return of the verdict, claimant filed a motion to set aside the verdict and for a new trial, and upon June 14, 1904, filed an amendment to this motion. Judge Given having in the meantime retired from the bench, the…
1Opinion of the CourtDeemer, J.
1. APPEAL flOM ORflER DENYING NEW TRIAL. The first point presented is one of practice. The appeal was not taken within six months from the rendition of the original judgment; and, if there be any appeal which we may consider, it is from the trial or from Judge McHenry’s order of date order overruling claimant's motion for a new June 15, 1904. If Judge McHenry properly directed the entry of the nunc pro tunc order overruling the motion for a new trial as of date October 17, 1903, then an appeal from that order will lie, for the reason that it was not appealable until actually entered of…
2Cases cited9 opinions
- Scully v. Scully'sSupreme Court of Iowa · 1870
- Kennedy v. Citizens' National BankSupreme Court of Iowa · 1903
- Marietta v. MariettaSupreme Court of Iowa · 1894
- Patterson v. JackSupreme Court of Iowa · 1882
- Rogers v. MillardSupreme Court of Iowa · 1876
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- In Re Estate of TaltySupreme Court of Iowa · 1942
- Snyder v. NixonSupreme Court of Iowa · 1920
- Mueller Lumber Co. v. McCaffreySupreme Court of Iowa · 1908
- Powers v. Des Moines City Railway Co.Supreme Court of Iowa · 1909
- Wilson v. ElseSupreme Court of Iowa · 1927
18 more not listed; retrieve them via the Exa API.