Coutch v. Barton
Supreme Court of Iowa
Error lb Washington, This was an action of assumpsit instituted by Joseph Barton against' David A. Coutch and Orson O, Kinsman, on a promissory note for f 100, executed by As defendants below to J. G. Smith; by him- assigned to Jesse D. Payne, and by him assigned to the plaintiff, Barlon. At November term, 1842, judgment was rendered for the plaintiff for the sum of $106. The defendants below are plaintiffs in error.
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Error lb Washington, This was an action of assumpsit instituted by Joseph Barton against' David A. Coutch and Orson O, Kinsman, on a promissory note for f 100, executed by As defendants below to J. G. Smith; by him- assigned to Jesse D. Payne, and by him assigned to the plaintiff, Barlon. At November term, 1842, judgment was rendered for the plaintiff for the sum of $106. The defendants below are plaintiffs in error. The points raised may be found in (he statement of counsel and in the opinion of the court. The record in this cause presents so many irregularities and errors, that a mere…
1Opinion of the Court
Per Curiam,
Mason, Chief Justice.
The first error assigned in this case is, that the court ought to have sustained the demurrer to the plaintiff's declaration. The record does not show that the said demurrer was ever called up for the action of the court. Had the demurrer been overruled or had the counsel for the plaintirff in error moved to have the demurrer considered previous to going into a trial of the issue of fact, his present objection would nout have been out of place. But it is only the duty of the court to decide questions which are raised before it, and the neglect of a party…
2Cited by1 opinion
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