Brady v. Malone
Supreme Court of Iowa
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
- Sprigg v. Bank of Mount PleasantU.S. Circuit Court for the District of Ohio · 1838
3Cited by3 opinions
- Thurston v. CavenorSupreme Court of Iowa · 1859
- Wheeler v. StateSupreme Court of Alabama · 1895
- Fiske v. BerryhillSupreme Court of Iowa · 1859