Phillips v. Starr & Co.
Supreme Court of Iowa
Appeal from Henry District Court. Contract : evidence oe experts : practice : exceptions, etc. — Defendants were contractors on the Burlington and Mo. Biver B. B. They sublet sections 29, 30 and 33, to one Ditto, who agreed to do all the grading and exearations required to be done, according to tbe directions of tbe engineer of tbe railroad company, at a specified price per yard. Ditto assigned his rights under tbe contract to one Kay, and tbe latter to tbe plaintiff.
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Appeal from Henry District Court. Contract : evidence oe experts : practice : exceptions, etc. — Defendants were contractors on the Burlington and Mo. Biver B. B. They sublet sections 29, 30 and 33, to one Ditto, who agreed to do all the grading and exearations required to be done, according to tbe directions of tbe engineer of tbe railroad company, at a specified price per yard. Ditto assigned his rights under tbe contract to one Kay, and tbe latter to tbe plaintiff. On a trial, tbe jury found for tbe defendants, who bad judgment on tbe verdict, and tbe plaintiff appeals. Tbe further…
1Opinion of the Court
Dillon, Ch. J.
1. Evidence: expert. — I. All that portion of what is styled tbe bills of exceptions, occurring in tbe record prior to page 389, is not signed by the district judge, and must be regarded by tbe court as unsigned bills of exceptions. Tbe appellees’ counsel insist upon this point, and as it is well taken, we are not at liberty to disregard it.
¥e proceed to notice those questions made by the appellant, which are properly saved by completed bills of exceptions. The action of tbe court, in refusing to receive certain testimony of Ebbitt, is assigned as error, and tbe exception is…
2Cases cited1 opinion
- Cadwallader & Co. v. BlairSupreme Court of Iowa · 1865
3Cited by6 opinions
- Wells v. B. C. R. & N. R.Supreme Court of Iowa · 1881
- Sever v. Minneapolis & St. Louis Ry. Co.Supreme Court of Iowa · 1912
- Butler v. St. Louis Life Ins.Supreme Court of Iowa · 1876
- Randolph v. HaldenSupreme Court of Iowa · 1876
- Healey v. TylerSupreme Court of Iowa · 1911
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