Johnson, Lane & Co. v. Nash-Wright Co.
Supreme Court of Iowa
Appeal from Mahaska District Court. — Hon.’ John T. Scott, Judge. The Nash-Wright Company brought an action in the district court of Mahaska county against Johnson, Lane & Co., to recover $200, balance due on account, which account, as it appears, showed debits of about $7,000 for money advanced, interest thereon, and commissions, and credits of about $6,800, for grain received to be sold on commission.
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Appeal from Mahaska District Court. — Hon.’ John T. Scott, Judge. The Nash-Wright Company brought an action in the district court of Mahaska county against Johnson, Lane & Co., to recover $200, balance due on account, which account, as it appears, showed debits of about $7,000 for money advanced, interest thereon, and commissions, and credits of about $6,800, for grain received to be sold on commission. On default entered for failure of the defendant in that action to answer plaintiff’s amended and substituted petition, judgment was rendered for the plaintiff for the amount claimed. At a…
1Opinion of the CourtMcClain, J.
By Code, section 4091, it is provided that: “Where a final judgment has been rendered, * * * the district court, in addition to causes for a new trial herein before authorized, may, after the term at which the same was rendered or made, vacate or modify the same or grant a new trial: * * * (3) For fraud practiced in obtaining the same; * * *• (5) For unavoidable casualty or misfortune, preventing, the parties from prosecuting or defending.” As there is no provision for entertaining a motion for a new trial, not filed “within three days after the verdict * * * or decision is-rendered, unless…
2Cases cited7 opinions
- Dryden v. WyllisSupreme Court of Iowa · 1879
- Hintrager v. SumbargoSupreme Court of Iowa · 1880
- District Township v. WhiteSupreme Court of Iowa · 1876
- Worth v. WetmoreSupreme Court of Iowa · 1893
- Bond v. EpleySupreme Court of Iowa · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Handy v. HandySupreme Court of Iowa · 1959
- In Re Estate of KinnanSupreme Court of Iowa · 1934
- Swartzendruber v. PolkeSupreme Court of Iowa · 1928
- Fred Andres & Co. v. SchlueterSupreme Court of Iowa · 1908
- Lambert v. KempthorneSupreme Court of Iowa · 1920
15 more not listed; retrieve them via the Exa API.