Becker v. Becker
Supreme Court of Iowa
Appeal from Hoiuard District Gov/rt. Action to replevy a team of horses. There have been two trials in the court below. In the first the plaintiff was successful. Upon appeal the ease was reversed. 45 Iowa, 239. The opinion was filed October Term, 1876. During the pendency of the appeal the court-house in Howard county was burned, and the original papers destroyed, including the replevin bond.
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Appeal from Hoiuard District Gov/rt. Action to replevy a team of horses. There have been two trials in the court below. In the first the plaintiff was successful. Upon appeal the ease was reversed. 45 Iowa, 239. The opinion was filed October Term, 1876. During the pendency of the appeal the court-house in Howard county was burned, and the original papers destroyed, including the replevin bond. On the 7th day of March, 1877, the plaintiff served upon the defendants a notice that the case would be brought on for trial at the next term of the Circuit Court (the court from which the case had been…
1Opinion of the CourtAdams, J.
i. iuiubdiore-ciockotmg.' I. The record does not show that any procedendo issued from the Supreme Court. The appellant claims, therefore, that it does not appear that the court below acquired jurisdiction. In our opinion it was not necessary that a procedendo should issue to give the court below jurisdiction. The State v. Knouse, 33 Iowa, 365. The procedendo is mere evidence upon which the court below would have been justified in acting; but where a case is reversed, and the parties cause it to be re-docketed in the court below, the court may proceed. In a certain sense the court below…
2Cases cited2 opinions
- State v. KnouseSupreme Court of Iowa · 1871
- Steiner v. SteinerSupreme Court of Iowa · 1878
3Cited by10 opinions
- Hogle v. SmithSupreme Court of Iowa · 1907
- State v. HoughtonOregon Supreme Court · 1904
- State v. HendersonSupreme Court of Iowa · 1932
- In the Interest of M.T., M.T., and T.B., Minor ChildrenSupreme Court of Iowa · 2006
- Cerro Gordo County v. Boone CountySupreme Court of Iowa · 1911
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