Delany v. Reade
Supreme Court of Iowa
Appeal from the Jones District Court. This case was commenced before a justice of the peace, and by defendant appealed to the District Court. The transcript of the justice states that “plaintiff ordered notice to issue against defendant for the sum of $89.37, with interest, as justly due him on an agreement to pay, or on contract.”
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Appeal from the Jones District Court. This case was commenced before a justice of the peace, and by defendant appealed to the District Court. The transcript of the justice states that “plaintiff ordered notice to issue against defendant for the sum of $89.37, with interest, as justly due him on an agreement to pay, or on contract.” On the day fixed for trial, it is shown that the parties appeared, “with their attorneys, and the plaintiff pleaded orally, and the defendant filed his answer, and a jury being summoned, at the request of the defendant,” &c. On appeal, the cause was submitted to…
1Opinion of the CourtWright, C. J.
Three of the errors assigned in this case may be considered together, as they involve substantially the same question. These are, first, that the court erred in receiving evidence of a submission to. arbitrators, and the award, when the said award had not been declared .on by plaintiff; second — in finding for plaintiff, when his pleadings do not set forth any cause of action; third — in render*294ing judgment on a verbal contract, when tbe said contract related to a promissory note, which was not produced. None of these objections appear to have been urged in the court below, and whatever their…
2Cited by9 opinions
- Greenup v. CrooksIndiana Supreme Court · 1874
- Griffin v. SeymourSupreme Court of Iowa · 1863
- McCullough v. ConnellySupreme Court of Iowa · 1907
- Kern v. WilsonSupreme Court of Iowa · 1891
- Belknap v. BelknapSupreme Court of Iowa · 1912
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