Jordan v. Quick
Supreme Court of Iowa
Appeal from Keohule District Court. Action before a justice of tbe peace on a promissory note. Tbe material facts are stated in the opinion of the court. relied upon tbe Code of 1851, sections 2338, 2339. to tbe point that the clerk’s certificate is not sufficient to show that tbe note of which a copy is given in tbe transcript ivas tbe one offered in evir dence, and that it should have been embodied in a bill of exceptions, cited Harmon v. Chandler, 3 Iowa 150; The State of…
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Appeal from Keohule District Court. Action before a justice of tbe peace on a promissory note. Tbe material facts are stated in the opinion of the court. relied upon tbe Code of 1851, sections 2338, 2339. to tbe point that the clerk’s certificate is not sufficient to show that tbe note of which a copy is given in tbe transcript ivas tbe one offered in evir dence, and that it should have been embodied in a bill of exceptions, cited Harmon v. Chandler, 3 Iowa 150; The State of Iowa v. Strong, 6 lb. 72.
1Opinion of the CourtWrisht, J.
We cannot act upon tbe certificate of tbe clerk, that tbe note attached to the transcript was that introduced in evidence as tbe basis of plaintiff’s right to recover. If tbe evidence is to be preserved in an action at law, for tbe consideration of this court, it must be embodied in a bill of exceptions and properly certified by the judge. Garber v. Morrison § White, 5 Iowa 476. We cannot, therefore, say that tbe evidence did not sustain tbe judgment.
The action was commenced before a justice of tbe peace and by defendant appealed to tbe District Court. The jus. tice’s transcript, as…
2Cases cited1 opinion
- Garber v. Morrison & WhiteSupreme Court of Iowa · 1858
3Cited by2 opinions
- Atchison & Nebraska Railroad v. WagnerSupreme Court of Kansas · 1877
- Shumway v. StateNebraska Supreme Court · 1908