King v. Kinney
Supreme Court of Iowa
Appeal from the Dubuque District Court. The docket fee, on the appeal from the justice, not having been paid, the plaintiff moved the court to affirm the judgment ; and the court being satisfied in the premises, affirmed the judgment, in accordance with a rule of court.
Read the full summary
Appeal from the Dubuque District Court. The docket fee, on the appeal from the justice, not having been paid, the plaintiff moved the court to affirm the judgment ; and the court being satisfied in the premises, affirmed the judgment, in accordance with a rule of court. After-wards, on the application of the defendant, sustained by affidavit, the court set aside the judgment of affirmance, the defendant paid the docket fee, and the cause was moved to be continued until the next term of court. This was on the 29th of June. On the subsequent 21th of July, the court on the application of the…
1Opinion of the CourtStockton, J.
It appears, that upon the application of the plaintiff to the court, to vacate the order by which the judgment of affirmance was rendered, the court heard the statements of the plaintiff and his attorney. These statements are not embodied in the record, and it is not in our power to say, that they were insufficient to justify the action of the district court. They must be taken to have been sufficient, as the contrary is not made to appear. The court had the power to vacate the order, at any time during the term. (Code, section 1579), and, when vacated, the cause stood *522upon the defendant’s…
2Cited by1 opinion
- Taylor v. LuskSupreme Court of Iowa · 1859