Pharo v. Johnson
Supreme Court of Iowa
Appeal from Henry District Court. Plaintiffs filed their claim iu the County Court against the executor of the estate of Eli Bond. The cause of action was a note purporting to be made by Collins & Bond. The claim was allowed in the County Court; but on appeal to the District Court there was a verdict for defendant, judgment thereon, and plaintiffs appeal.
1Opinion of the Court
WRIGHT, Ch. J.
1. The objection that the deposition of one Smith should have been received on the hearing in District Court (having been used, as is claimed, in the County Court), cannot be considered by us. It nowhere appears that such deposition ever had an existence, or was ever used or offered to be used’ as testimony, save in plaintiff’s motion for a new trial. It is there averred that such a deposition was offered and rejected, but there is nothing in the record to sustain such statement. White v. Tucker, 9 Iowa, 100 ; Shellenberger v. Ward, 8 Id., 425 ; Wheeler v. Smith, 13 Id., 564;…
2Cases cited2 opinions
- McKinney v. HartmanSupreme Court of Iowa · 1856
- White v. TuckerSupreme Court of Iowa · 1859
3Cited by4 opinions
- Keatley v. Illinois Central Railway Co.Supreme Court of Iowa · 1895
- Kostendader v. PierceSupreme Court of Iowa · 1873
- Cooley v. BrownSupreme Court of Iowa · 1872
- West v. MoodySupreme Court of Iowa · 1871