48 Iowa 552 | Iowa | 1878
I. Appellant insists that plaintiff has mistaken bis remedy. It is urged that be should have set up tbe fact of tbe acceptance of tbe tender under tbe provisions of sections 3212, 3213 of tbe Code, and moved thereon for a dismissal of tbe appeal in tbe Supreme Court. We are, however, of tbe opinion that, while tbe plaintiff might have pursued that course, he is not confined to that remedy.
Affirmed.