Gilman v. Donovan
Supreme Court of Iowa
Appeal from Franklin Circuit Court. This is a proceeding under the statute by petition, to set aside the judgment and asking for a new trial in an action at law, wherein judgment was rendered for plaintiff. An order was entered granting a new trial from wbicb plaintiff appeals. The cause has before been in this court. See 53 Iowa, 362.
1Opinion of the CourtBeck, J.
I. The action wherein a new trial is sought was pending in the Circuit Court and upon being remanded by procedendo from this court, the defendant made an application for a change of venue, on the ground of the prejudice of the judge, which was allowed, and the action was sent to the District Court, plaintiff excepting thereto.
*77As is shown by the opinion of this court rendered when the case was before here, the new trial was sought upon the ground that the plaintiff died before the judgment was rendered. Under our statutes the death of a party is sufficient ground for setting aside a judgment…
2Cases cited1 opinion
- Bennett v. CareySupreme Court of Iowa · 1881
3Cited by9 opinions
- People v. SheppardIllinois Supreme Court · 1950
- Vaill v. McPhailSupreme Court of Rhode Island · 1912
- Kell v. LundSupreme Court of Iowa · 1896
- Tennison v. StateMississippi Supreme Court · 1901
- Arnold v. HawleySupreme Court of Iowa · 1885
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