Hetherington Letter Co. v. O. F. Paulson Const. Co., 54641
Decision Date | 15 December 1971 |
Docket Number | No. 54641,54641 |
Citation | 192 N.W.2d 808 |
Parties | HETHERINGTON LETTER COMPANY, Appellant, v. O. F. PAULSON CONSTRUCTION COMPANY, Appellee, v. MERCHANTS NATIONAL BANK OF CEDAR RAPIDS, Iowa, Third-Party Defendant to Counterclaim. |
Court | Iowa Supreme Court |
John D. Randall, Cedar Rapids, for appellant.
Remley, Heiserman & Story, Anamosa, for appellee.
This is a sequel to our opinion in Hetherington Letter Co. v. O. F. Paulson Const. Co., Iowa, 171 N.W.2d 264 as supplemented in 173 N.W.2d 575. We there found against Hetherington on the appeal and on Paulson's cross-appeal found it entitled to recover an additional amount. The trial court had entered a $13,901.09 judgment against Hetherington with five percent interest per annum from August 16, 1960.
At page 269, 171 N.W.2d, we stated: 'This court now holds defendant is entitled to have its mechanic's lien established to secure payment of $5,331.60 balance due on the contract, plus $14,572.82 for extras, or a total of $19,904.42, and this case is remanded to trial court for entry of decree in accord herewith.'
Thereafter the trial court held a hearing to consider Hetherington's contention interest started on the date of the judgment on remand. Paulson argued this court only modified the original judgment upward and that interest ran from the date set in the original judgment, August 16, 1960.
It was the duty of the trial court to comply strictly with the mandate of this court according to its intent and meaning, as determined by the directions given by us. Arnold v. Arnold, 258 Iowa 850, 854, 140 N.W.2d 874, 876; Iowa-Illinois Gas and Elec. Co. v. Gaffney, 256 Iowa 1029, 1040, 129 N.W.2d 832, 838. See also 5 Am.Jur.2d, Appeal and Error, sections 991 and 992; 5B C.J.S. Appeal and Error section 1966.
The trial court's 'Ruling and Amended Judgment Entry' includes: ...
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State v. Hall
...with the mandate.'--Kuhlmann v. Persinger, 261 Iowa 461, 468, 154 N.W.2d 860, 864 (1967). See also Hetherington Letter Co. v. O. F. Paulson Const. Co., 192 N.W.2d 808, 809 (Iowa 1972); State v. Mayhew, 183 N.W.2d 723, 725 (Iowa Defendant's attempt to enlarge a very constricted area of inqui......
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Muchmore Equipment, Inc. v. Grover, 68889
...relating-back is also obtained in other civil suits where a money judgment is affirmed and increased. Hetherington Letter Co. v. O.F. Paulson Construction Co., 192 N.W.2d 808 (Iowa 1971). In Arnold we further held that when additional specific relief is allowed on appeal, it draws interest ......