Legal Opinion

Smith & Co. v. Hill

Supreme Court of Iowa

Decided October 26, 1891PublishedCited by 6 opinions

.Appeal from Hamilton District Court. — Hon. John L. Stevens, Judge. Action upon an account for thirty-five dollars. The suit was commenced before a justice of the peace. The plaintiffs procured an attachment to issue, which was levied upon a horse owned by the defendant.

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.Appeal from Hamilton District Court. — Hon. John L. Stevens, Judge. Action upon an account for thirty-five dollars. The suit was commenced before a justice of the peace. The plaintiffs procured an attachment to issue, which was levied upon a horse owned by the defendant. The defendant answered, admitting the account,' but claimed that the property seized in attachment was-exempt because it was purchased with pension money paid to the defendant for services rendered and injuries received while a soldier in the War of the Rebellion. There was a trial of this question before the justice of' the…

1Opinion of the CourtRothrock, J.

i pbactice m courtfassignScord:errors: wver. I. On the same day that the cause was finally submitted to this court, and after it keei1 fully argued, the appellees filed paper which contained a suggestion that the appellant had not made and filed an assignment of errors. It is not shown, that this paper was served on the appellant or on his counsel. If it be regarded as an objection to the-record, it comes too late, and, so far as the appellee is-concerned, the omission to assign errors will be regarded as waived. Andrews v. Burdick, 62 Iowa, 714. It is true it is held in that case that the…

2Cases cited2 opinions

  1. Andrews & Smith v. Burdick & GobleSupreme Court of Iowa · 1883
  2. Diamond v. PalmerSupreme Court of Iowa · 1890

3Cited by6 opinions

  1. United Brotherhood of Carpenters & Joiners of America, Local Union No. 55 v. SalterSupreme Court of Colorado · 1946
  2. French v. FrenchSupreme Court of Iowa · 1892
  3. Cook v. AlleeSupreme Court of Iowa · 1903
  4. Smyth v. HallSupreme Court of Iowa · 1905
  5. Joyce v. RussellWisconsin Supreme Court · 1909

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