Engleken v. Webber
Supreme Court of Iowa
Appeal from Jackson, Circuit Court. This action was originally commenced against the defendant Webber for the recovery of damages for the unlawful sale of intoxicating liquors to tlie liusband of plaintiff. Webber filed an answer denying generally the allegations of the petition.
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Appeal from Jackson, Circuit Court. This action was originally commenced against the defendant Webber for the recovery of damages for the unlawful sale of intoxicating liquors to tlie liusband of plaintiff. Webber filed an answer denying generally the allegations of the petition. The defendant Weston intervened in the action, alleging that lie had an interest in real estate which is liable to be affected by the result of the suit, and denying plaintiff’s alleged cause of action. The plaintiff amended her petition, alleging that defendant Weston was the owner of Water Lot No. 50, in the city…
1Opinion of the CourtRothrock, J.
i. practice in court'^appeta: eo-deíeudant. I. A question is made as to the right of the defendant Weston to appeal from the judgment against the defendant Webber. The record shows that appelserve(l notice of appeal not only on the plain-put upon his co-defendant, Webber. Under such circumstances, Webber having failed to appear in this court and make known his refusal to join in the appeal, he is deemed to have joined, and is liable to his due proportion of costs. Code, §3176. It follows that the judgment against Webber has been appealed from, and Weston can maintain any proper objections…
2Cases cited3 opinions
- La France v. KrayerSupreme Court of Iowa · 1875
- Jewett v. WanshuraSupreme Court of Iowa · 1876
- Clark v. ConnorSupreme Court of Iowa · 1869
3Cited by4 opinions
- Ward v. ThompsonSupreme Court of Iowa · 1878
- Kirchner v. MyersOhio Supreme Court · 1878
- Mathre v. DevendorfSupreme Court of Iowa · 1906
- Miller v. F. Beck & Co.Supreme Court of Iowa · 1899