Loomis v. McKenzie
Supreme Court of Iowa
Appeal from Delaware Circuit Court. Action in equity to set aside a certain sale under execution of real estate and deeds made by the sheriff in pursuance thereof. The court granted the relief asked in substance, but both parties appeal.
1Opinion of the CourtSeevers, J.
The facts necessary to be stated are: That the defendant McKenzie, obtained a judgment in an equitable action in the District Court against the plaintiff. Thereupon the plaintiff served the requisite notices for an appeal to the Supreme Court, and also filed a supersedeas bond. Afterward, and before the term of the Supreme Court, to which the appeal was returnable, the plaintiff caused a notice to be served that he had withdrawn said appeal, and on the same day commenced an action or special proceeding to vacate said judgment, and for a new trial. The latter was granted, and the defendant…
2Cases cited2 opinions
- Loomis v. McKenzieSupreme Court of Iowa · 1878
- Pratt v. Western Stage Co.Supreme Court of Iowa · 1868
3Cited by5 opinions
- Searles v. LuxSupreme Court of Iowa · 1892
- State v. HarrisonSupreme Court of Iowa · 1913
- Jackson v. HaislySupreme Court of Florida · 1891
- Peterson v. HaysSupreme Court of Iowa · 1892
- Maher v. MorrisonSupreme Court of Iowa · 1917