Shipley v. Reasoner
Supreme Court of Iowa
Appeal from Madison District Court. — Hon. J. H., Henderson, Judge. Action to recover possession of two promissory notes executed by the plaintiff to one Morse, and held by- the defendant. The grounds alleged for recovering the notes are that defendant and others, by false and fraudulent means, induced the plaintiff to execute said notes, the consideration for which was illegal, was against good morals and public policy, has wholly failed, and was for a gambling contract.
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Appeal from Madison District Court. — Hon. J. H., Henderson, Judge. Action to recover possession of two promissory notes executed by the plaintiff to one Morse, and held by- the defendant. The grounds alleged for recovering the notes are that defendant and others, by false and fraudulent means, induced the plaintiff to execute said notes, the consideration for which was illegal, was against good morals and public policy, has wholly failed, and was for a gambling contract. The defendant contends that the notes were executed for a good and valuable consideration, and that he owns and is…
1Opinion of the CourtGiven, J.
1. Appeal: question reviewed: foundation. — I. Appellee contends that, as no new trial was asked by appellant, the only inquiry is whether the defendant was entitled to a judgment on the special findings, by reason 0f their inconsistency with the general verdict. “The supreme court may review or reverse, on appeal, any judgment or order of the district court or circuit court, although no motion for a new trial was made in such court.” Code, sec. 3169. “A judgment or order shall not be reversed for an error which can be corrected on motion in an inferior court, until such motion has been made…
2Cases cited4 opinions
- Langan v. SankeySupreme Court of Iowa · 1880
- Brockman v. City of CrestonSupreme Court of Iowa · 1890
- Sigler v. HidySupreme Court of Iowa · 1881
- Steever v. Illinois Central R'y Co.Supreme Court of Iowa · 1883
3Cited by8 opinions
- Saylor v. CrookerSupreme Court of Kansas · 1916
- Levy v. Kansas CityCourt of Appeals for the Eighth Circuit · 1909
- Wright v. StewartU.S. Circuit Court for the District of Missouri · 1904
- Scott v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1913
- Trumpf v. ShoudyWisconsin Supreme Court · 1917
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