Bates v. Kemp
Supreme Court of Iowa
Appeal from Polk District Court. . This cause was before tbis court at tbe June term, 1861, and reversed on tbe ground that tbe court below erred in sustaining plaintiff’s demurrer to tbe first clause of defendant’s answer. See 12 Iowa, 99. A procedendo accordingly issued, and, at the August term of the District Court, 1861, plaintiff replied to tbis clause.
Read the full summary
Appeal from Polk District Court. . This cause was before tbis court at tbe June term, 1861, and reversed on tbe ground that tbe court below erred in sustaining plaintiff’s demurrer to tbe first clause of defendant’s answer. See 12 Iowa, 99. A procedendo accordingly issued, and, at the August term of the District Court, 1861, plaintiff replied to tbis clause. Tbe case was tried before tbe judge, without tbe intervention of a jury, — judgment for plaintiff, and defendant again appeals. I. We maintain that tbe court erred in bolding that the ■Supreme Court only reversed tbe rubng of tbe…
1Opinion of the Court
Wright J.
It is first objected that, upon the issue joined, under the testimony, the finding should have been for defendant. We are very clear, however, that the finding was right. Defendant admitted the execution- of the note, and set up that he had been released. Upon him was the burden of proof. So far from sustaining it, the weight of the testimony is in plaintiff’s favor.
The -note in suit was made to Jonathan Lyon, or order, of date October 1, 1856, due in one year. Defendant, for further defense, sets up — 1. That Lyon by his bond agreed to convey to defendant certain real estate, on the…
2Cases cited2 opinions
- Hedges v. SealyNew York Supreme Court · 1850
- Campbell v. RuschSupreme Court of Iowa · 1859
3Cited by2 opinions
- Ogden v. LarrabeeIllinois Supreme Court · 1873
- Zebley v. SearsSupreme Court of Iowa · 1874