Keller v. Harrison
Supreme Court of Iowa
Appeal from Palo Alto District Court. — Hon. D. F. Coyle, J udge. Action in ejectment for the possession of a strip of land and damages for its wrongful detention. Trial to jury resulted in a judgment as prayed. The defendants appeal.
1DissentWeaver, J.
(dissenting). — The authority of the court to impose terms upon an order for continuance is inherent, and there was no error in requiring the moving party to pay the reasonable expenses incurred in preparation for trial. 4 Ency. Pl. & Pr. 888; 9 Cyc. 151. The defendant, by availing himself of the order of continuance, waived the right to question such order on appeal. 9 Cyc. 152; Humes v. O’Bryan, 74 Ala. 64; Rhea v. Tucker, 56 Ala. 450; Brown v. Warren, 17 Nev. 417 (30 Pac. 1078). See, also, as to this and other phases of the subject: Robinson v. Railroad Co., 73 Iowa, 506; Pomeroy v. Bell,…
2Cases cited9 opinions
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Pomeroy v. BellCalifornia Supreme Court · 1897
- Rhea v. TuckerSupreme Court of Alabama · 1876
- Baumberger v. ArffCalifornia Supreme Court · 1892
- Robinson v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1887
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