Byington v. Woodward & Warde
Supreme Court of Iowa
Appeal from Muscatine District Court. This action was brought upon a note dated March 12,1852, due nine months after date, payable to plaintiff, and signed “Woodward & Warde.” Woodward was served, and answered, denying under oath, the execution of said note, by himself or any person for him.
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Appeal from Muscatine District Court. This action was brought upon a note dated March 12,1852, due nine months after date, payable to plaintiff, and signed “Woodward & Warde.” Woodward was served, and answered, denying under oath, the execution of said note, by himself or any person for him. He further answered, but not under oath, denying any indebtedness; that if the note was executed by Warde, it was given for the consideration of certain military land warrants, purchased by said Warde, in the purchase of which defendant, (Woodward,) had no knowledge, nor part, and gave no consent; that…
1Opinion of the Court
Wright, C. J.1
The error assigned is, that the finding of the court is against the law and the facts. In submitting the case to the court, the parties reserved to themselves the right to except, in the same manner, as if it had been tried by a jury. This was their legal right, without agreement. The court took the place of the jury, and its finding, has the same degree of conclusiveness as a verdict. And we are now called upon to review this judgment in the same manner that we would the verdict of a jury.- We are to be governed by the same rules, and give every presumption in favor of its…
2Cases cited12 opinions
- Vallett v. ParkerNew York Supreme Court · 1831
- Winship v. the Bank of the United StatesSupreme Court of the United States · 1831
- Knapp v. McBrideSupreme Court of Alabama · 1844
- Williams v. SoutterSupreme Court of Iowa · 1858
- Gray v. WardIllinois Supreme Court · 1856
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3Cited by5 opinions
- Manders v. DallamSupreme Court of Iowa · 1932
- Town of Manson v. WareSupreme Court of Iowa · 1884
- Lamp v. LempfertSupreme Court of Iowa · 1966
- Barcroft, George & Co. v. HaworthSupreme Court of Iowa · 1870
- Allman v. GilbertSupreme Court of Iowa · 1863