Legal Opinion

Preston v. Walker

Supreme Court of Iowa

Decided December 15, 1868PublishedCited by 25 opinions

Appeal from Linn District Court. Plaintiee declares upon three promissory notes, made in 1859, by defendant, one of them to Callista Walker, and the others to Sarah Stoddard, or bearer. They were all made in New York, and payable there. Those to Sarah Stoddard were due in three and four years, and contained these words, “and interest, the interest to be paid annually.” These notes were all indorsed to plaintiff by Alfred Stoddard. The answer is, first, a denial.

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Appeal from Linn District Court. Plaintiee declares upon three promissory notes, made in 1859, by defendant, one of them to Callista Walker, and the others to Sarah Stoddard, or bearer. They were all made in New York, and payable there. Those to Sarah Stoddard were due in three and four years, and contained these words, “and interest, the interest to be paid annually.” These notes were all indorsed to plaintiff by Alfred Stoddard. The answer is, first, a denial. In the second place, plaintiff admits the execution of the notes, but claims there is nothing due thereon, because, he says, that…

1Opinion of the CourtWright, J.

1. Practice: as to who holds the affirmative. — I. It is first claimed that the court below erred in refusing defendant’s counsel the right to open an^ close the argument. This right was claimed and refused, and the question fairly arises. Our statute declares that in the argument to the jury, “ the party having the burden of the issue shall have the opening and closing ” (§ 3047), and *208that a new trial shall be granted for irregularity in the proceedings of the court, or for any order, or abuse of discretion by which the party was prevented from having a fair trial. § 3112, cl. 1. But the…

2Cases cited3 opinions

  1. Smith, Twogood & Co. v. Coopers & ClarkeSupreme Court of Iowa · 1859
  2. Woodward v. LavertySupreme Court of Iowa · 1862
  3. Mann v. CrossSupreme Court of Iowa · 1859

3Cited by25 opinions

  1. B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
  2. E. N. Albert v. Maher Brothers' Transfer Co.Supreme Court of Iowa · 1932
  3. Dorr Cattle Co. v. Des Moines National BankSupreme Court of Iowa · 1905
  4. Perkins v. GuyMississippi Supreme Court · 1877
  5. Bates v. BatesSupreme Court of Iowa · 1869

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