McCormick v. Rusch
Supreme Court of Iowa
Appeal from Scott District Court. This action, was commenced in October, 1862. Defendant, by bis attorney, made tbe proper showing tbat he was in tbe actual military service of tbe United States, and moved for a continuance. Plaintiff resisted tbe motion, upon tbe ground tbat tbe statute authorizing sucb continuance was unconstitutional, and also because no plea or answer bad been filed. He also moved for judgment for want of plea.
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Appeal from Scott District Court. This action, was commenced in October, 1862. Defendant, by bis attorney, made tbe proper showing tbat he was in tbe actual military service of tbe United States, and moved for a continuance. Plaintiff resisted tbe motion, upon tbe ground tbat tbe statute authorizing sucb continuance was unconstitutional, and also because no plea or answer bad been filed. He also moved for judgment for want of plea. This motion was overruled and tbe continuance granted. Plaintiff appeals. contended: 1. That tbe statute is unconstitutional in this, .that it impairs tbe…
1Opinion of the CourtWright, J.
I. We are satisfied tbat it was not necessary for tbe defendant to answer before obtaining the continuance. Tbe statute is, “ that in all actions now pending or hereafter brought in any of tbe courts of tbe State, * * it shall be a sufficient cause for a continuance, on motion of tbe defendant, bis agent or attorney, if it shall be shown to tbe satisfaction of tbe court, * * * tbat tbe defendant is in tbe actual military service of tbe United States, or of this State, and upon sucb showing being made, said action shall stand continued during tbe actual continuance of said *129defendant in the…
2Cases cited23 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Bronson v. KinzieSupreme Court of the United States · 1843
- McCracken v. HaywardSupreme Court of the United States · 1844
- Jackson v. LamphireSupreme Court of the United States · 1830
- Santo v. StateSupreme Court of Iowa · 1855
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3Cited by25 opinions
- State v. ClarkOregon Supreme Court · 1981
- Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
- Matter of N.Y. Elevated R.R. Co.New York Court of Appeals · 1877
- Stewart v. Bd. of Super. of Polk CountySupreme Court of Iowa · 1870
- Winston v. MooreSupreme Court of Pennsylvania · 1914
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