Giddings v. Giddings
Supreme Court of Iowa
Appeal from Lvrm District Court. This action was brought upon a promissory note, and upon an acceptance. What the defense was, if any, does not appear. In April, 1881, the case came on for trial before Judge ShaNe, the judge of the eighth judicial district. He made a finding in these words: “ I find as a fact that defendant executed the note and acceptance sued on, and in the petition described.”
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Appeal from Lvrm District Court. This action was brought upon a promissory note, and upon an acceptance. What the defense was, if any, does not appear. In April, 1881, the case came on for trial before Judge ShaNe, the judge of the eighth judicial district. He made a finding in these words: “ I find as a fact that defendant executed the note and acceptance sued on, and in the petition described.” In addition, an entry appears to have been made in the judgment record in these words: “ And now, to-wit, April 29, 1881, this cause coming on for judgment of the court, the same having been…
1Opinion of the Court
Adams, Ch. J.
It may be conceded that the entry shows an intention on the part of Judge Shame to enter a judgment for some amount in favor of the plaintiff, but the *488amount does not appear, so far as the record shows, to have been determined, nor does it appear from the record that there was such determination that the amount could be ascertained by computation. It is possible, as the plaintiff claims, that Judge Siiane did in fact determine to enter judgment for the full amount of the note and acceptance, but the difficulty is that the court below was not justified in finding such to have been…
2Cases cited1 opinion
- Lind v. AdamsSupreme Court of Iowa · 1860
3Cited by11 opinions
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- Risser & Reitz v. Martin & PhillipsSupreme Court of Iowa · 1892
- Morgan v. TweddleMichigan Supreme Court · 1899
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