Savery v. Busick
Supreme Court of Iowa
Appeal from, Pollc District Court. On the 12th of October, 1857, defendant confessed a judgment before the clerk of the District Court for the sum of three hundred and nine dollars and fifty cents, being the supposed balance due the plaintiff on a fifteen hundred dollar note, dated the 21st of July and payable in six months.
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Appeal from, Pollc District Court. On the 12th of October, 1857, defendant confessed a judgment before the clerk of the District Court for the sum of three hundred and nine dollars and fifty cents, being the supposed balance due the plaintiff on a fifteen hundred dollar note, dated the 21st of July and payable in six months. It was afterwards ascertained that a mistake had been made in the computation of interest on said note, and that the true balance due was $384,50, being seventy-five dollars more than the amount for which judgment was confessed. This last named sum plaintiff alleges that…
1Opinion of the CourtLowe, C. J.
Whatever may be our view of the law of this case, it is impossible for us to express it, or consider the questions presented, without going behind the action of the jury in trampling upon the authority of the court, and thereby giving some countenance to their assumption. This we are unwilling to do even by the slightest implication.
It is no more competent for the jury to usurp the powers of the court, than it is for the court to interfere with their province in the ascertainment of facts. And when the jury, in this case, arrogated to themselves the right to determine the law in direct…
2Cited by11 opinions
- Murray v. HeinzeMontana Supreme Court · 1895
- State v. WillisSupreme Court of Iowa · 1974
- Pepperall v. City Park Transit Co.Washington Supreme Court · 1896
- Larimer v. PlatteSupreme Court of Iowa · 1952
- Porter v. ThomsonSupreme Court of Iowa · 1867
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