Hardin v. Branner
Supreme Court of Iowa
Appeal from Clarice District Court. This is an action brought upon a bond executed by the defendant to the plaintiff, whereby, in part consideration of the purchase of a certain house and lot in Chariton, the defendant bound himself to pay a certain mortgage, specifying the amount thereof, executed by plaintiff to one C. W. Cowles upon the said lot.
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Appeal from Clarice District Court. This is an action brought upon a bond executed by the defendant to the plaintiff, whereby, in part consideration of the purchase of a certain house and lot in Chariton, the defendant bound himself to pay a certain mortgage, specifying the amount thereof, executed by plaintiff to one C. W. Cowles upon the said lot. The plaintiff averred the failure of the defendant to pay the mortgage or any part thereof, and that plaintiff had been compelled to and had paid it off, and asked judgment for $1,500. The defendant denied the allegations of the petition, and…
1Opinion of the Court
Colé, J.
i Verdict * ii?|°mnñst be wítbgenerai one-There was no motion made by the defendant to set aside the general verdict; nor did he object in any manner to the verdict as rendered. The plaintiff moved to set aside the special verdict, as well as for judgment upon the general ve'rdiet, notwithstanding the special. But in this court the plaintiff’s counsel do not claim there was error in overruling their motion to set aside the special verdict, but only that there was error in not rendering judgment *368upon the general one. The only question, therefore, presented for our determination is,…
2Cases cited1 opinion
- Lamb v. First Presbyterian SocietySupreme Court of Iowa · 1865
3Cited by8 opinions
- Schulte v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1901
- Sutherland v. Standard Life & Accident InsuranceSupreme Court of Iowa · 1893
- City of Sioux City v. WeareSupreme Court of Iowa · 1882
- Johnson v. MillerSupreme Court of Iowa · 1891
- Kerr v. Keokuk Waterworks Co.Supreme Court of Iowa · 1895
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