Pyle v. Herring
Supreme Court of Iowa
Apjjeal from Polk'District Gourt. — W. H. McHenry, Judge. This action is prosecuted in the name of the administratrix of the estate of Franklin J. Milligan, against Clyde L. Herring, doing business as the Herring Motor Company, the Herring Motor Supply Company, the Herring Motor Company, the Ocean Accident and Guarantee Corporation, and the Des Moines Union Railway Company, for damages resulting from injuries which, it is alleged, were negligently inflicted upon Milligan,…
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Apjjeal from Polk'District Gourt. — W. H. McHenry, Judge. This action is prosecuted in the name of the administratrix of the estate of Franklin J. Milligan, against Clyde L. Herring, doing business as the Herring Motor Company, the Herring Motor Supply Company, the Herring Motor Company, the Ocean Accident and Guarantee Corporation, and the Des Moines Union Railway Company, for damages resulting from injuries which, it is alleged, were negligently inflicted upon Milligan, causing his death. Upon motion of the Des Moines Union Railway "Company, appellant herein, at the close of plaintiff’s…
1Opinion of the CourtStevens, J.
*6493. New trial: procedure to pro- or petition (?) *648T. On bghalf of appellant, it is argued that an application for new trial after three days must be made by petition, and not by motion. Appellee practically *649concedes this to be the rule, but contends that the motion met all the purposes of a petition, was not objected to by appellant, aU(j was s0 treated by counsel and the court; and that appellant waived the right to object to the form of the application.
The form of the application was not questioned by counsel for appellant, and, as the allegations thereof substantially conformed to the…
2Cases cited36 opinions
- McNish v. StateSupreme Court of Florida · 1904
- Streeter v. StreeterIllinois Supreme Court · 1867
- Scott v. ScottSupreme Court of Iowa · 1916
- Kwentsky v. SirovySupreme Court of Iowa · 1909
- Murphy v. Citizens' BankSupreme Court of Arkansas · 1907
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3Cited by5 opinions
- Thompson v. ButlerSupreme Court of Iowa · 1937
- Selby v. McDonaldSupreme Court of Iowa · 1935
- Sandler v. PomerantzSupreme Court of Iowa · 1964
- Lovrien v. RoweSupreme Court of Iowa · 1959
- Fulton v. National Finance & Thrift Corp.Supreme Court of Iowa · 1942