Gammon v. Knudson
Supreme Court of Iowa
Appeal from Emmet Gvrcmt Gowrt. On the 3d day of February, 1877, the plaintiffs filed in the Emmet Circuit Court a motion for an order for the substitution and entry upon the records of the court of a record entry, in the place of the record of the action and judgment of the court made on the 10th. day of February, 1876, but now destroyed.
Read the full summary
Appeal from Emmet Gvrcmt Gowrt. On the 3d day of February, 1877, the plaintiffs filed in the Emmet Circuit Court a motion for an order for the substitution and entry upon the records of the court of a record entry, in the place of the record of the action and judgment of the court made on the 10th. day of February, 1876, but now destroyed. Attached to this motion was a copy of the record entry desired, and also an affidavit that on the 10th day of February, 1876, plaintiffs obtained against all the defendants a judgment for the sum of $121.91, together with $25.00 attorney’s fee, and costs…
1Opinion of the Court
Day, Oh. J.,
i. records of suppiíédfy e I. The destruction of court records by fire having become so common, the greatest loss and inconvenience would be sustained if courts did not possess the inherent power of replacing records lost by such, or other, casualties. It seems to be very thoroughly settled that such power exists, and the instances of its exercise are numerous. In Keen et al. v. Jordan, 13 Fla., 327, it is said: “The power of supplying a new record, when the original has been lost or destroyed, is one which pertains to courts of record of general jurisdiction, independent of…
2Cases cited10 opinions
- Dozier v. JoyceSupreme Court of Alabama · 1838
- McLendon v. JonesSupreme Court of Alabama · 1845
- Adkinson v. KeelSupreme Court of Alabama · 1854
- Lyon v. BollingSupreme Court of Alabama · 1848
- Keen v. JordanSupreme Court of Florida · 1869
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ormsby v. GrahamSupreme Court of Iowa · 1904
- Law Ex Rel. Law v. HemmingsenSupreme Court of Iowa · 1958
- Loomis v. McKenzieSupreme Court of Iowa · 1878
- First National Bank of Corning v. ReidSupreme Court of Iowa · 1904
- Fort Smith Automobile & Supply Co. v. NedrySupreme Court of Arkansas · 1911
3 more not listed; retrieve them via the Exa API.