Supreme Court of Iowa, 1874

Loring v. Holt

Loring v. Holt
Supreme Court of Iowa · Decided October 21, 1874 · Day
39 Iowa 574

Loring v. Holt

Opinion of the Court

Day, J.

The court granted defendant a new trial upon the condition of his filing a bond in a sum equal to the verdict against him, conditioned for the payment of judgment and costs. Under section 3118 of Revision, 2831 of Code, it was competent for the court to make the filing of such bond the condition of granting a new trial. This section provides that the court may determine not to grant a new trial, unless certain terms or conditions named by the court shall be agreed *575to by tbe opposite party. As the defendant refused to comply with the terms which the -court prescribed, and which, under the circumstances of the case, were not unreasonable, his motion for new trial was properly overruled.

Affirmed.

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