Allen v. Cook
| Decision Date | 22 May 1897 |
| Citation | 71 N.W. 534 |
| Parties | ALLEN v. COOK. |
| Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from district court, Sac county; Z. A. Church, Judge.Chas. D. Goldsmith, for appellant.
W. A. Helsell, for appellee.
The facts are fully stated in Allen v. Church (Iowa) 70 N. W. 127. That case involved the jurisdiction of the defendant, as judge, to enter judgment dismissing the petition in this case after notice of appeal from an order striking from such petition all allegations with reference to the reasonable value of plaintiff's services on the ground that the action was based on a written contract, and not on a quantum meruit, was served, the clerk's costs secured, and a supersedeas bond filed. It was there held that such an order is not appealable, and the filing of the supersedeas bond did not stay proceedings. The appeal claimed to have been perfected is that under consideration in this case, and must be dismissed for the reason that the order is not appealable, and was so determined in the case referred to. Dismissed.
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In re Acken's Estate
...commenced by the administrator. This is too clear for argument. But see Allen v. Church, 101 Iowa, 116, 70 N. W. 127;Allen v. Cook (Iowa) 71 N. W. 534;First National Bank v. Dutcher, 128 Iowa, 413, 104 N. W. 497, 1 L. R. A. (N. S.) 142;Watson v. Richardson, 110 Iowa, 698, 80 N. W. 416, 80 A......
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Quinn v. Bechly
...commenced by the administrator. This is too clear for argument. But see Allen v. Church, 101 Iowa, 116, 70 N.W. 127; Allen v. Cook, (Iowa), 71 N.W. 534; First National Bank v. Dutcher, 128 Iowa 413, 104 N.W. 497, 1 L.R.A.,N.S., 142; Watson v. Richardson, 110 Iowa 698, 80 N.W. 416, 80 Am.St.......
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W. A. Jordan Co. v. Sperry Bros.
...of the trial court that generally an appeal will not lie from such ruling. Allen v. Church, 101 Iowa, 116, 70 N. W. 127;Allen v. Cook (Iowa) 71 N. W. 534. 2. The motion for change of venue was bottomed upon prejudice of the district judge. No such abuse of legal discretion is shown in the r......
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W.A. Jordan Co. v. Sperry Bros.
... ... so much within the discretion of the trial court that ... generally an appeal will not lie from such ruling. Allen ... v. Church, 101 Iowa 116, 70 N.W. 127; Allen v ... Cook (Iowa), 71 N.W. 534 ... II. The ... motion for change of venue was ... ...