Barnes v. Greene
Supreme Court of Iowa
Appeal from Fayette Circuit Court. Action in justice’s court for $66.25. Answer alleging tender, after commencement of suit, of $37.75, and costs accrued. Trial by jury. Verdict and judgment for plaintiff for $1.75 and costs. Appeal to Fayette circuit court, where judgment for plaintiff for $42.50, and costs. Defendant appeals. The remaining necessary facts appear in the opinion.'
1Opinion of the CourtDay, J.
The defendant’s answer alleges a tender of $37.75, cmd costs. In addition to their general verdict, the jury, under direction of the court, returned a special verdict, which was as follows: 1. We find there was a tender. 2. We find the amount tendered was $37.75. 3. We find the plaintiff objected to the tender. 4. We find that the defendant did not state the amount of his claim. In pursuance of these special findings, the defendant moved the court that judgment be rendered against the plaintiff for the costs that had accrued since the tender, upon the ground that it was shown by the special…
2Cases cited1 opinion
- Freeman v. FlemingSupreme Court of Iowa · 1858
3Cited by1 opinion
- Young v. McWaidSupreme Court of Iowa · 1881