First National Bank v. Brown
Supreme Court of Iowa
Appeal from Grundy District Court. — Hon. C. F. Couch, Judge. ’ Action in replevin. The jury returned its verdict for defendant on tbe fourth day of June, 1888, and on the seventh day of June the plaintiff filed its motion for a new trial, which, was by agreement, submitted to the judge in vacation, who in vacation prepared an order of which the following is the material part for the purpose of this appeal: “The following order is made by consent of parties in vacation, upon…
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Appeal from Grundy District Court. — Hon. C. F. Couch, Judge. ’ Action in replevin. The jury returned its verdict for defendant on tbe fourth day of June, 1888, and on the seventh day of June the plaintiff filed its motion for a new trial, which, was by agreement, submitted to the judge in vacation, who in vacation prepared an order of which the following is the material part for the purpose of this appeal: “The following order is made by consent of parties in vacation, upon condition that the plaintiff pay all costs of the trial had in this case. The plaintifE is granted a new trial,…
1Opinion of the CourtGraNG-er, J.
The motion for judgment, which is the basis for the order of the court appealed from, presented the question, whether or not-the plaintiff had so complied with the order for payment of costs as to be entitled to a new trial. Affidavits were filed by the parties for and against the claim that they had not been paid. The amount of the costs to be paid was thirty-nine dollars and ten cents, and in the clerk’s office is his (the clerk’s) receipt for that amount, dated April 11, 1889. It is, however, a fact, that the money was not at that time, nor for sometime thereafter, actually paid to the…
2Cited by2 opinions
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