Hanschild v. Stafford
Supreme Court of Iowa
Appeal from Jackson District (Jouri. Plaintiff, as administrator, sued defendant to recover money/Ifteid by his intestate, upon an unexecuted land contract.
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Appeal from Jackson District (Jouri. Plaintiff, as administrator, sued defendant to recover money/Ifteid by his intestate, upon an unexecuted land contract. In the District Court he obtained judgment for seventy-five dollars and sixty cents, besides costs.' The defendant appealed to the Supreme Court; and pending the appeal, the cause having been continued by the parties, plaintiff collected the amount of the judgment and costs, $127.60 ; and, afterward, the judgment of the District Court was reversed. See the case reported in 25 Iowa, 428. After the cause was redocketed in the District…
1Opinion of the CourtCole, J.
The motion in this case is grounded upon the Revision, “ Sec. 3540 (1992). If, by the decision of the Supreme Court, the appellant becomes entitled to a restoration of any part of the money or property that was taken from him by means of such judgment or order, either the Supreme or District Court may direct execution or writ of restitution to issue, for the purpose of restoring to such appellant his property or value thereof.”
This section was designed to afford a cumulative and summary remedy, as against his adversary, to a successful appellant who had been either unwilling or unable to…
2Cases cited1 opinion
- County of Polk ex rel. School Fund v. SypherSupreme Court of Iowa · 1864
3Cited by7 opinions
- Chambliss v. HassSupreme Court of Iowa · 1904
- Schoonover v. OsborneSupreme Court of Iowa · 1902
- Zimmerman v. National BankSupreme Court of Iowa · 1881
- Munson v. PlummerSupreme Court of Iowa · 1882
- Hess v. Cedar Rapids State BankSupreme Court of Iowa · 1921
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