Weaver v. Cooledge
| Decision Date | 16 October 1863 |
| Citation | 15 Iowa 244 |
| Parties | WEAVER v. COOLEDGE |
| Court | Iowa Supreme Court |
Appeal from Mahaska District Court.
THE facts of this case are fully stated in the opinion.
Affirmed.
Philip Myers for the appellant.
Macon and Fisher for the appellee.
Hon CALEB BALDWIN, Chief Justice, Hon. GEORGE G. WRIGHT, Judge Hon. RALPH P. LOWE, Judge, from December 7 to December 24 1863. Hon. GEORGE G. WRIGHT, Chief Justice, Hon. RALPH P. LOWE, Judge, from January 1, 1864, to the conclusion of the Term. [*]
The regular-terms of the District Court for Mahaska County, are fixed by statute for the third Mondays of October and February, and in 1862 the October term should have commenced on the 20th. In Marion by statute, the regular fall term in 1862, was to commence on Monday, the 10th of November. From the transcript before us it seems that the October term in Mahaska was adjourned from that time until the 6th day of November. On the 8th day of that month an order was made adjourning until Tuesday, the 11th of November at 1 o'clock, P. M. On the 13th (Thursday) this case was tried before a jury, verdict and judgment for plaintiff, and defendant appeals.
Appellant claims that this judgment was rendered and these proceedings had at the time fixed by law for holding the term in Marion County, and that they are therefore erroneous, if not void.
Notwithstanding the parties were present and had a full trial, it does not appear that any motion of any kind was made in the court below to correct the supposed erroneous action or judgment. Under § 3565 of the Revision of 1860, therefore, it may well be doubted whether appellant has any standing in this Court. But as the question presented is admitted to be important in view of other cases and all the business decided and transacted at the term referred to, we decide it.
The cases of Davis v. Fish, 1 G. Greene, 406, and Grable v. The State, 2 Id. 559, have no bearing upon this. In those cases the verdicts were received and the judgments rendered, at a time when it appeared that the court should legally have been in session in another county. There was no special term, but the business was transacted at what was treated by the District Court as the proper close of the regular term. The statute allows a special term to be ordered at any regular term of court in that county. Such a term, as we understand it, was held in this instance commencing on the 6th of November. Or if this is not true (and the record is not entirely clear), then the regular term was continued until that date, and afterwards, on the 8th, adjourned until the 11th.
Now does the fact that by law a term should have commenced in Marion County on the 10th (Monday), render all the proceedings...
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Stirling v. Wagner
...were decided in 1848 and 1850. At that time the statutory provisions were materially different from what they are now." See Weaver v. Cooledge, 15 Iowa 244; State Clarke, 30 Iowa 168. But there is a case directly in point, decided January 29, 1892, In re Hunter's Estate (Iowa), 84 Iowa 388,......
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Williams v. Simon
... ... was in session. Snurr v. State (Ind.), 105 Ind. 125, ... 4 N.E. 445; State v. Knight, 19 Iowa 94; Weaver ... v. Cooledge, 15 Iowa 244; State v. Stevens, 25 ... N.W. 777; State v. Peterson, 25 N.W. 780; State ... v. Leahy, 1 Wis. 225; State v ... ...
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State v. Pope
... ... borrowed from Iowa, which also has been, in effect, overruled ... by the court of that State. The same court held in Weaver ... v. Cooledge, 15 Iowa 244, that a judgment rendered three ... days after the time fixed for the commencement of another ... court in the same ... ...
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Smurr v. The State
...Dec. 387, see n. p. 392), and Grable v. State, 2 Greene, Iowa, 559, were in effect overruled. It was held by the same court in Weaver v. Cooledge, 15 Iowa 244, that judgment rendered three days after the time fixed for the commencement of another court in the same district was not void, and......