Munson v. Plummer
Supreme Court of Iowa
Appeal from Buchanan Circuit Court. There was a former appeal in this case and the judgment of the Circuit Court was modified and affirmed. 54 Iowa, 758. Certain rulings Avere made by the Circuit Court after the procedendo was filed, and from such the defendants appeal.
1Opinion of the Court
Seeyers, Ch. J.
1. EXECUTION SALE: pending in appeal: judgement reduced: restitution. An execution was issued on the original judgment, and certain real estate belonging to the defendants so^ hereon to the plaintiff for the sum of fourteen hundred dollars, which was credited on the judgment. Before the sale the defendants took the former appeal and the same was pending in this court when the sale took place. The modification made *737by this court was, to allow a credit on the judgment as of October 1st, 1873. The defendants filed a motion in the Circuit Court to compel the plaintiff to pay them…
2Cases cited2 opinions
- Twogood v. FranklinSupreme Court of Iowa · 1869
- Hanschild v. StaffordSupreme Court of Iowa · 1869
3Cited by6 opinions
- Schoonover v. OsborneSupreme Court of Iowa · 1902
- National Surety Co. v. WalkerSupreme Court of Iowa · 1910
- English v. OtisSupreme Court of Iowa · 1904
- Thompson v. THOMPSONOregon Supreme Court · 1963
- Fort Madison Lumber Co. v. Batavian BankSupreme Court of Iowa · 1889
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