Robinson v. Chicago, Rock Island & Pacific R'y Co.
Supreme Court of Iowa
Appeal from Appanoose Circuit Court. Action for a personal inj ury to the plaintiff’s intestate. The plaintiff, at the term at which the case should have been tried, amended his petition. Thereupon the defendant applied for a continuance on the ground that, after the issue had been changed by the amendment, it was not prepared to go to trial. The court granted the continuance, but ordered that the costs be taxed to the defendant.
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Appeal from Appanoose Circuit Court. Action for a personal inj ury to the plaintiff’s intestate. The plaintiff, at the term at which the case should have been tried, amended his petition. Thereupon the defendant applied for a continuance on the ground that, after the issue had been changed by the amendment, it was not prepared to go to trial. The court granted the continuance, but ordered that the costs be taxed to the defendant. From this order in respect to costs the defendant appeals.
1Opinion of the Court
Adams, Oh. J.
We do not think that the issue was so changed as to call for evidence different from that apparently called for under the original issue. It appears to us, there*507fore, that the continuance was unnecessary. The defendant then might have protected itself by waiving the order for a continuance, after seeing that it was accompanied by the order for the payment of costs. After accepting the unnecessary order for a continuance, accompanied by the order for the payment of costs, we do not think that it should be heard to complain of the latter order. Affirmed.
2Cited by9 opinions
- Grand Trunk Western Railway Co. v. City of South BendIndiana Supreme Court · 1909
- Iowa Telephone Co. v. City of KeokukDistrict Court, S.D. Iowa · 1915
- City of Detroit v. Detroit City Ry. Co.U.S. Circuit Court for the District of Eastern Michigan · 1893
- Levis v. City of NewtonU.S. Circuit Court for the Southern District of Iowa · 1896
- Ford v. SimmonsSupreme Court of Colorado · 1912
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