Harris v. Beam
Supreme Court of Iowa
Appeal from, Montgomery Circuit Court. This is an action upon a bond executed by defendants for the faithful performance, upon the part of the defendants, Geo. 0. Beam and E. H. Haller, of the duties devolving upon them as referees in an action for partition. Plaintiff alleges that he is the owner of the bond by assignment.
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Appeal from, Montgomery Circuit Court. This is an action upon a bond executed by defendants for the faithful performance, upon the part of the defendants, Geo. 0. Beam and E. H. Haller, of the duties devolving upon them as referees in an action for partition. Plaintiff alleges that he is the owner of the bond by assignment. After the evidence was introduced and the arguments of counsel were concluded, the court, in substance, instructed the jury that plaintiff had introduced no proof that he was the owner of the claim sued on, and the verdict must be for the defendant. Thereupon the plaintiff…
1Opinion of the Court
Day, Ch. J.
Section 2844 of the Code provides that an action may be dismissed by the plaintiff before the final submission of the case to the jury, or to the court, when the trial is by the court.
i kracticbaction-final submission. It is claimed by appellant that the cause had been finally submitted, and that the time for dismissing the cause had Passe(^- In-every case finally submitted there mus* t>e some moment of time in which the condition of being finally submitted is assumed. Ordinarily there is no difficulty in determining whether or not a case has been submitted. But the difficulty…
2Cases cited1 opinion
- Hays v. TurnerSupreme Court of Iowa · 1867
3Cited by14 opinions
- State ex rel. Burlington & Missouri River Railroad v. ScottNebraska Supreme Court · 1888
- Morrisey v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1890
- Gassman v. JarvisU.S. Circuit Court for the District of Indiana · 1899
- Mutual Benefit Health & Accident Ass'n v. TilleySupreme Court of Arkansas · 1927
- Oppenheimer Bros. v. ElmoreSupreme Court of Iowa · 1899
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