62 Iowa 345 | Iowa | 1883
-The plaintiff brings this action for the recovery of damages for the alleged unlawful sale by the defendants of intoxicating liquors to plaintiff’s husband. At the April term, 1880, of the Cass circuit court, a trial was had to a jury, and resulted in a verdict for plaintiff for $550. The defendants filed a motion for a new trial, and thereupon the plaintiff'filed a motion for change of venue, grounded upon the alleged prejudice of the judge. The court refused to entertain the motion for a hew trial, and ordered that the venue be changed to the Adair circuit court. The defendants appealed, and this-action of the court was reversed. See 55 Iowa, 211. The cause being remanded to the Cass circuit court, the motion for new trial was submitted and sustained. At the same time, the motion for a change of venue which had been before filed, without being resubmitted or urged by either party, was again sustained, and the venue was changed to the Adair circuit court. After this change was ordered,’the plaintiff did not make any arrangement with the clerk, or pay, or tender payment, for a transcript, nor did the clerk forward a transcript in said cause to Adair county, but a copy of the order for a change was attached to the papers in the case, with the clerk’s certificate attached, and delivered to defendants’ attorneys, and by them filed in the Adair circuit court on the fourth day of August, 1881. This court convened August 1, 1881, and on the fifth of August the defendants appeared and demanded a trial, and, the plaintiff failing to appear, the court ordered that the cause be stricken from the docket at the plaintiff’s costs. Neither the clerk, nor the plaintiff, nor her attorneys, knew that the transcript had been sent to, or filed in, the Adair cir
Reversed.