Vinsant v. Vinsant
Supreme Court of Iowa
Appeal from Page Circuit Court. The plaintiff claims a divorce from the defendant upon the ground that since his marriage he was convicted of the crime of an assault with intent to commit a rape. ■ The defendant answered, admitting that at the time and in the court mentioned he was convicted as set forth, but alleging that by serving proper notice and executing sufficient bond he perfected his appeal from the judgment of conviction of .the felony referred to in the petition…
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Appeal from Page Circuit Court. The plaintiff claims a divorce from the defendant upon the ground that since his marriage he was convicted of the crime of an assault with intent to commit a rape. ■ The defendant answered, admitting that at the time and in the court mentioned he was convicted as set forth, but alleging that by serving proper notice and executing sufficient bond he perfected his appeal from the judgment of conviction of .the felony referred to in the petition to the Supreme Court, which said appeal was, at the commencement of this suit, and still is, pending. 2. For further…
1Opinion of the CourtDay, J.
I. There is not entire uniformity in the decisions as to the manner in which a judgment is affected by a pending appeal. The weight of authority, perhaps, is that the effect of an appeal, with proper bond to stay proceedings, is to suspend the right to execution, but leave the judgment, until reversed or annulled, binding upon the parties as to every question directly decided. See Freeman on .Judgments, § 328, and authorities cited. It seems, however, that the pending of an appeal, where a sufficient bond is given to stay proceedings, does suspend a right of action upon the judgment. See…
2Cited by10 opinions
- Maguire v. FultonSupreme Court of Iowa · 1970
- Hackett v. Freeman & GravesSupreme Court of Iowa · 1897
- State v. CrawfordUtah Supreme Court · 1922
- Luper v. LuperOregon Supreme Court · 1908
- Poole, Gilliam & Co. v. SeneySupreme Court of Iowa · 1886
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