Cane v. Watson
Supreme Court of Iowa
Action of trespass quare clausum brought before the District Court by appeal. Plea by part of the defendants only, Cane, Hamilton & A. Carmichael, general issue, no appearance as to other defendants. Subsequently ali the defendants came and moved to dismiss tbe suit, which motion the Court overruled, and the defendants pleaded not guilty.
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Action of trespass quare clausum brought before the District Court by appeal. Plea by part of the defendants only, Cane, Hamilton & A. Carmichael, general issue, no appearance as to other defendants. Subsequently ali the defendants came and moved to dismiss tbe suit, which motion the Court overruled, and the defendants pleaded not guilty. The jury find for the plaintiff; and defendants move in arrest of judgment — and the plaintiff moves to amend the verdict and enter judgment accordingly. And it was ordered by the Court, that the verdict be amended and judgment affirmed. The defendants…
1Opinion of the Court
*44By the Court
Mason, Ch. J.
This suit was brought up to the District Court by appealing from the judgment of a justice of the peace. Two of the defendants,-William and Samuel Bell, were not served with process. The transcript of the justice however states that the plaintiff and defendants appeared on the day set for trial. The appearance of the two Bells would have superseded the necessity of service. It is urged, however, that the word defendants in the transcript ought to be understood as referring only to those who had been duly served with process. Such, however, does not seem to have been…
2Cited by16 opinions
- Beaubien v. CicotteMichigan Supreme Court · 1864
- In re the Estate of MullinNew York Surrogate's Court · 1932
- In re Proving the Last Will & Testament of CoeAppellate Division of the Supreme Court of the State of New York · 1900
- In re the Accounting of RowlandNew York Court of Appeals · 1956
- Delafield v. ParishNew York Surrogate's Court · 1857
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