Hasted v. Dodge

• Citation: 39 N.W. 668
• Parties: HASTED v. DODGE ET AL.
• Decision Date: 08 October 1888
• Court: United States State Supreme Court of Iowa

39 N.W. 668

HASTED

v.DODGE ET AL.

Supreme Court of Iowa.

October 8, 1888.

Appeal from superior court of Creston; GEORGE P. WILSON, Judge.

On rehearing, action by Enoch Hasted against August Dodge and John Wood for certain personal property. Verdict for the plaintiff, fixing the value of the property at $150, and the damages for its detention at $100. Plaintiff elected to take a money judgment, which was rendered for $250, and defendants appealed. For former opinion, see 25 N. W. Rep. 676.Maxwell & Leonard, for appellants.

D. W. Higbee, for appellee.

PER CURIAM.

After the opinion in this case was filed, our attention was called to the fact that the third paragraph was in conflict with Cook v. Hamilton, 67 Iowa, 394, 25 N. W. Rep. 676. We thereupon, on our own motion, ordered a rehearing. But in the mean time the procedendo had issued; and it is now shown that before the rehearing was ordered the appellee had filed the remittitur required by the order, and appellant had performed the judgment by paying into court the amount of the judgment, and appellee had received the same, and entered satisfaction of the judgment. On this state of facts we are powerless to make any order affecting the judgment. The third paragraph of the opinion, however, will be overruled; and, to the end that we may not have two conflicting opinions in the Reports, the opinions in this case will be withheld from publication. We deem it proper to say, as a matter of justice to ourselves, that Cook v. Hamilton was not cited on the argument, and it was overlooked by the members of the court in their examination of the case.