Bruce v. Galvin
Supreme Court of Iowa
Appeal from Marion District Court. — J. H. Applegate, Judge. An action at law, brought to recover damages on account of the alleged alienation of the affections of plaintiff’s wife. The cause was originally tried to a jury, which returned a verdict for the plaintiff; and from the judgment entered on the verdict, defendant appealed.
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Appeal from Marion District Court. — J. H. Applegate, Judge. An action at law, brought to recover damages on account of the alleged alienation of the affections of plaintiff’s wife. The cause was originally tried to a jury, which returned a verdict for the plaintiff; and from the judgment entered on the verdict, defendant appealed. Upon hearing the appeal in this court, the judgment below was reversed, on the ground that the verdict of the jury was without sufficient support in the evidence. See 159 N. W. 586 (not officially reported). Thereafter, a procedendo was issued, and, upon the filing…
1Opinion of the CourtWeaver, J.
It is the theory of the appellant that, this court having found and held upon the former appeal that the evidence produced on the trial was insufficient to justify *147a verdict in plaintiff’s favor, the decision is to be considered a final adjudication of the issue joined, and that, upon transmission of the procedendo, the district court acquired no jurisdiction to proceed further in the cause than to render final judgment against plaintiff for the costs of the action.
Were the question an open one in this state, much might be said in favor of the rule for which counsel contends. We are…
2Cases cited6 opinions
- Adams County v. B. & M. R. R.Supreme Court of Iowa · 1876
- Landis v. Interurban Railway Co.Supreme Court of Iowa · 1915
- Sanxey v. Iowa City Glass Co.Supreme Court of Iowa · 1886
- Meadows v. Hawkeye Ins.Supreme Court of Iowa · 1885
- Shorthill v. FergusonSupreme Court of Iowa · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Beeck v. Aquaslide 'N' Dive Corp.Supreme Court of Iowa · 1984
- Stilwell v. StilwellSupreme Court of Iowa · 1919
- Buttman v. ChristySupreme Court of Iowa · 1924
- Plantz v. Kreutzer & WasemSupreme Court of Iowa · 1921
- Flood v. City National BankSupreme Court of Iowa · 1935
3 more not listed; retrieve them via the Exa API.