Legal Opinion

Brady v. Malone

Supreme Court of Iowa

Decided July 1, 1856PublishedCited by 3 opinions

Appeal from the Lucas District Court. This action was commenced to recover tbe amount of a promissory note. Trial and judgment for plaintiff, and defendant appeals. Tbe facts sufficiently appear in tbe opinion of tbe court.

1Opinion of the Court

"Weight, C. J.

-It is first objected, that tbe note sued on was not filed, and that there was therefore nothing to authorize tbe judgment. What is meant by this objection, is difficult to understand. A copy of tbe note was attached to tbe petition, and tbe record entry of judgment shows that tbe parties appeared, “ and tbe cause and proceedings being fully beard and inspected, and all things touching tbe same, it is considered by tbe court, &c.” It is true that tbe record does not show affirmatively, that tbe note was introduced in evidence. Neither is there anything to show whether it was or…

2Cases cited1 opinion

  1. Sprigg v. Bank of Mount PleasantU.S. Circuit Court for the District of Ohio · 1838

3Cited by3 opinions

  1. Thurston v. CavenorSupreme Court of Iowa · 1859
  2. Wheeler v. StateSupreme Court of Alabama · 1895
  3. Fiske v. BerryhillSupreme Court of Iowa · 1859

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