Fogarty v. Battles
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. W. R. Greene, Judge. In May, 1904, D. J. Fogarty recovered judgment against the defendant for the sum of $100 and costs in the justice court of II. O. Owen, Esq., from which an appeal was taken to the district court. Several depositions were taken thereafter and filed. The cause was noticed for trial several times, and at one time continued on motion of plaintiff.
Read the full summary
Appeal from Pottawattamie District Court. — Hon. W. R. Greene, Judge. In May, 1904, D. J. Fogarty recovered judgment against the defendant for the sum of $100 and costs in the justice court of II. O. Owen, Esq., from which an appeal was taken to the district court. Several depositions were taken thereafter and filed. The cause was noticed for trial several times, and at one time continued on motion of plaintiff. Though not noticed for trial at the January, 1908, term of court, nor assigned for that purpose, the following entry appears of record: “On this day this cause coming on in the order…
1Opinion of the CourtLadd, J.
The action was on an order for nursery stock signed by defendant. The price appeared in the order -as $105, but defendant pleaded as a defense that this was but $10 when the order was given, and that it had been altered without her consent so as to call for the payment of $105. She resided near Mingo, northeast of Des Moines, and her attorneys are engaged in the practice of law at the latter place. All this must have been well known to counsel for plaintiff, as a half dozen depositions had been taken, tending to sustain the defense. Nevertheless, though knowing the cause had not been noticed…
2Cited by4 opinions
- Yost v. GaddSupreme Court of Iowa · 1939
- Brock v. Ellsworth State Savings BankSupreme Court of Iowa · 1922
- National Loan & Investment Co. v. BleasdaleSupreme Court of Iowa · 1913
- Yost v. GaddSupreme Court of Iowa · 1939