Drake v. Smythe
Supreme Court of Iowa
Appeal f rom Davis Circuit Court. Plaintiff brought an action in the Davis Circuit Court against J. O. Smythe, J. W. Barnes and the Burlington and Southwestern Railroad Company, and recovered therein a judgment against Smythe and Barnes jointly for $1,158.80, and another judgment against Barnes alone for $110.80. These judgments'were rendered upon'the claims sued upon in the action in which there was but one trial, and are included in the same record entry.
Read the full summary
Appeal f rom Davis Circuit Court. Plaintiff brought an action in the Davis Circuit Court against J. O. Smythe, J. W. Barnes and the Burlington and Southwestern Railroad Company, and recovered therein a judgment against Smythe and Barnes jointly for $1,158.80, and another judgment against Barnes alone for $110.80. These judgments'were rendered upon'the claims sued upon in the action in which there was but one trial, and are included in the same record entry. Smythe and Barnes united in a notice of appeal to this court, which was duly served. A supersedeas bond was filed which recites that…
1Opinion of the CourtBeck, J.
I. The motion is based upon the grounds, 1st. That while the sureties become bound by the supersedeas bond for and on behalf of Smytlie alone, judgment is rendered against them as sureties of Barnes. 2d. That such an agreement was entered into between the parties for the stay of execution, without the knowledge and consent of the sureties,' that thereby they become released from liability upon the bond.
i. juktsdicticen! the suJudgment.111 ' II. We had some doubts, when the motion was first submitted to us, whether we had jurisdiction, at a term subsequent to the one at which the judgment was…
2Cases cited3 opinions
- Kemp v. CookCourt of Appeals of Maryland · 1861
- Ammons v. WhiteheadMississippi Supreme Court · 1856
- Hershler v. ReynoldsSupreme Court of Iowa · 1867
3Cited by10 opinions
- State v. F. B. Williams Cypress Co.Supreme Court of Louisiana · 1913
- First State Bank v. C. E. Stevens Land Co.Supreme Court of Minnesota · 1912
- Jewett v. ShoemakerSupreme Court of Iowa · 1904
- C. J. Gerlach & Bro., Inc. v. Du BoseCourt of Appeals of Texas · 1919
- Peters v. Equitable Surety Co.Supreme Court of Missouri · 1918
5 more not listed; retrieve them via the Exa API.