146 Iowa 481 | Iowa | 1910
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The defendant, a corporation organized under the laws of Iowa, being the owner of certain real estate on which there are located as claimed by it lithographic and cement stone quarries, certain directors thereof purporting to represent the defendant company entered into some negotiations with a corporation organized in the state of New York referred to in the record as the Radio Company for the transfer of the properties of the defendant to the said Radio Company in exchange for stock in the latter company. Subsequently other stockholders of the defendant company brought an action in the Circuit Court of the United States to set aside certain transfers of stock of the defendant company to the Radio Company and for other relief. In this litigation plaintiffs appeared for the stockholders of the Interstate Company and resisted the relief asked by plaintiffs in the suit. A portion of the charges in plaintiffs’ account are for services rendered in this suit in the Circuit Court of the United States and other portions are for services rendered to the officers and directors of the Interstate Company who were subsequently made defendants in the suit in said court purporting to act for the Interstate Company. In brief, the claim of plaintiffs is that the officers and directors .of the Interstate Com
One of defendant’s grounds for asking a new trial was that there was no evidence to support the finding of the the jury in any amount as against defendant, but this was the ground on which the directed verdict was asked. Having secured a new t-f’ial on this among other grounds, it is not now for the defendant to say in a separate appeal that the court erred in overruling defendant’s motion for a directed verdict. The soundness of this conclusion is well illustrated by the fact that the sustaining of defendant’s motion for a directed verdict would not have terminated the litigation. There would still have been ^pending for trial to a jury the right of defendant to recover on its counterclaim, for the motion did not challenge plaintiffs’ entire account, but only a portion thereof, leaving an amount unchallenged less than the sum which it was alleged plaintiffs had wrongfully received from the moneys of defendant company. _ Had there, been a directed verdict for defendant on its motion, there must still have been a trial and final judgment involving the validity of a portion of plaintiff’s claim, and it is against the policy of the law to allow two successive appeals involving the same subject-matter, unless as specially authorized. We find no authority' for appealing from an interlocutory order until there has been such final determination of
The final result is that on plaintiffs’ appeal the ruling of the lower court is affirmed, and that defendant’s appeal is dismissed.
Affirmed on plaintiffs’ appeal. Defendant’s appeal dismissed.