West v. Moody
Supreme Court of Iowa
Appeal from Fayette Circuit Court. This action was originally brought before a justice of tbe peace by notice, without petition, claiming $25.00 on book account.
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Appeal from Fayette Circuit Court. This action was originally brought before a justice of tbe peace by notice, without petition, claiming $25.00 on book account. Defendant filed a written pleading, denying being indebted to the plaintiff on book account, or in any manner or sum whatever, and pleading a set-off against the plaintiff, part of which was an account against plaintiff due one Goodman, and by him assigned in writing to defendant, dated September 11, 1810. The action was commenced subsequent to this date. The record does not show affirmatively that defendant’s set-off was formally…
1Opinion of the CourtMiller, J.
1. Justice of the peace: pleading : payment. I. On the trial in the circuit court, defendant offered to j>rove that at the time of the delivery of fhe hog charged for in plaintiff’s account, the same was paid for by defendant. On plaintiff’s objection, this evidence was excluded, on the ground that defendant had not pleaded payment. This ruling is assigned as error.
Under the denial of indebtedness, though not technically exact, this evidence should have been admitted. In view of the liberality extended to proceedings before justices of the peace, where written pleadings are not required, in…
2Cases cited4 opinions
- Conyngham v. SmithSupreme Court of Iowa · 1864
- Blake v. GravesSupreme Court of Iowa · 1865
- Hall v. MonahanSupreme Court of Iowa · 1855
- Pharo v. JohnsonSupreme Court of Iowa · 1864
3Cited by2 opinions
- Filbert v. DeanSupreme Court of Iowa · 1924
- Finch v. Central RailroadSupreme Court of Iowa · 1875