Gordon v. Ellison
Supreme Court of Iowa
Appeal from Monroe District Court. In an action pending before a justice, upon the affidavit and motion of defendant, plaintiff was ruled to give security for costs — failing to do wliich, his suit was dismissed. To correct this order he sued out his writ of error from the District Court. He also sued for the same demand before another justice, upon which there was a trial, and judgmnet for the plaintiff, which was paid by defendant.
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Appeal from Monroe District Court. In an action pending before a justice, upon the affidavit and motion of defendant, plaintiff was ruled to give security for costs — failing to do wliich, his suit was dismissed. To correct this order he sued out his writ of error from the District Court. He also sued for the same demand before another justice, upon which there was a trial, and judgmnet for the plaintiff, which was paid by defendant. These facts being shown to the District Court, on defendant’s motion the writ of error was dismissed, and from this order plaintiff appeals. cited 3 Iowa 203.
1Opinion of the CourtWright, C. J.
In the case of Field et al. v. Johnson et al., (not reported,) decided at the last April term at Davenport, on motion, it was held that a party could not prosecute his appeal from a judgment at law, and his petition in chancery enjoining the collection of said judgment at the same time, and that the institution of said equity proceedings operated as a release of errors in the action at law.
We do not see that in principle the case differs from the one before us. Ry instituting his second action, as he had a right to do, plaintiff waived any error committed by the justice in the first case. If…
2Cited by6 opinions
- Weaver v. StacySupreme Court of Iowa · 1895
- Morrison v. BernotWashington Supreme Court · 1910
- Eggleston v. Town of AuroraSupreme Court of Iowa · 1943
- Bruner v. MyersSupreme Court of Iowa · 1927
- Matthews v. QuaintanceSupreme Court of Iowa · 1925
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