Oberholtzer v. Hazen
Supreme Court of Iowa
Appeal from Pottawattamie Jfistrict Court. — Hon. W R. Green, Judge. Judgment was entered against the defendant in the supreme court, May 81, 1894. Defendant had filed his petition for new trial in the district court, and, after judgment was entered here, amended his petition, asking that proceedings thereon be enjoined pending the hearing of the application for new- trial.
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Appeal from Pottawattamie Jfistrict Court. — Hon. W R. Green, Judge. Judgment was entered against the defendant in the supreme court, May 81, 1894. Defendant had filed his petition for new trial in the district court, and, after judgment was entered here, amended his petition, asking that proceedings thereon be enjoined pending the hearing of the application for new- trial. A writ of injunction was issued, as prayed, by the district court, and a motion to dissolve it overruled. From this ruling, plaintiff appeals. — Reversed. On final hearing, the petition for new trial was dismissed, and…
1Opinion of the CourtLadd, J.
1 I. The defendant bases his application for new trial on the ground of newly discovered evidence, and in support thereof relies on the testimony of three witnesses. There is some controversy as to whether the deposition of Stabo was withdrawn. This need not be determined, as, in any event, it was properly suppressed. This witness testified from certified copies of reports of a commercial agency and what he believed, from information derived at such agency. It does not appear that he made the reports or copies. No argument is required to show that such testimony cannot be received.
2 II. One…
2Cases cited3 opinions
- Taylor v. LuskSupreme Court of Iowa · 1859
- Phelan v. JohnsonSupreme Court of Iowa · 1890
- Oberholtzer v. HazenSupreme Court of Iowa · 1894
3Cited by5 opinions
- Kuhn v. KjoseSupreme Court of Iowa · 1933
- Ward v. AresNew Mexico Supreme Court · 1924
- Nodle v. HawthornSupreme Court of Iowa · 1899
- Hawkeye Insurance v. HustonSupreme Court of Iowa · 1902
- Clements v. StapletonSupreme Court of Iowa · 1907