Betts v. City of Glenwood
Supreme Court of Iowa
Appeal from Mills Gwmit Court. Action at law to recover for injuries sustained by plaintiff from being thrown out of a wagon while riding in a street of tbe city of Grlenwood. It is alleged that tbe accident was caused by tbe defective and dangerous condition of the street. There was a verdict and judgment for plaintiff; defendant appeals.
1Opinion of the Court
Beck, Ch. J.
i. practice in courtVassigurors. I. A motion by plaintiffs was submitted with the cause to strike from the files an amended assignment of errors filed by defendant. The assignment of errors. assailed by this motion was filed with defendant’s reply to the argument of plaintiff; no leave was obtained for, and no notice given of, tbe filing of this paper.
Assignments of error are required by tbe statute to be filed ten days before tbe trial term. Code, section 3183. The *125object of the statute is to secure a fair trial by requiring the appellee to be informed in proper time of the…
2Cases cited4 opinions
- Sherwood v. Snow, Foote & Co.Supreme Court of Iowa · 1877
- Tomblin v. BallSupreme Court of Iowa · 1877
- Hawes v. TwogoodSupreme Court of Iowa · 1862
- McCormick v. C., R. I. & P. R.Supreme Court of Iowa · 1877
3Cited by9 opinions
- Brown v. RoseSupreme Court of Iowa · 1881
- Feister v. KentSupreme Court of Iowa · 1894
- Conner v. LongSupreme Court of Iowa · 1884
- Hamilton Buggy Co. v. Iowa Buggy Co.Supreme Court of Iowa · 1893
- Buhlman v. HumphreySupreme Court of Iowa · 1892
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