Supreme Court of Iowa, 1887

Robinson v. Chicago, Rock Island & Pacific R'y Co.

Supreme Court of Iowa · Decided December 16, 1887 · Adams, Reed

73 Iowa 506; 35 N.W. 602

Cases that cite this one

7 later published cases cite this decision.

Des Moines City Ry. Co. v. City of Des Moines (U.S. Circuit Court for the Southern District of Iowa 1907)
Des Moines City Railway Co. v. City of Des Moines (Iowa 1894)
Ford v. Simmons (Colo. 1912)
Keller v. Harrison (Iowa 1910)
Levis v. City of Newton (U.S. Circuit Court for the Southern District of Iowa 1896)
Parkhurst v. Capital City Ry. Co. (Or. 1893)
City of Detroit v. Detroit City Ry. Co. (U.S. Circuit Court for the District of Eastern Michigan 1893)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Adams, Oh. J.

We do not think that the issue was so changed as to call for evidence different from that apparently called for under the original issue. It appears to us, there*507fore, that the continuance was unnecessary. The defendant then might have protected itself by waiving the order for a continuance, after seeing that it was accompanied by the order for the payment of costs. After accepting the unnecessary order for a continuance, accompanied by the order for the payment of costs, we do not think that it should be heard to complain of the latter order. Affirmed.

Reed, J., dissenting.

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