Campbell & Bro. v. Ayres
Supreme Court of Iowa
■ Appeal from Polk District Court. The plaintiffs sued the defendant before a justice of the peace, upon an account containing two items of demand.
Read the full summary
■ Appeal from Polk District Court. The plaintiffs sued the defendant before a justice of the peace, upon an account containing two items of demand. One was for a yoke of oxen and a yoke, sold and delivered defendant — $80, and interest, $11. The other item was for costs incurred in a suit against B. Post, upon a note “ traded ” to plaintiffs by defendant, and by him represented as unpaid, when in fact it had been paid and discharged, $7,60. The plaintiffs recovered before the justice, and the defendant appealed. The other material facts are sufficiently stated in the opinion of the court.
1Opinion of the Court
"Woodward, J.
In the District Court, the plaintiffs, before the trial commenced, withdrew the second item in their account from the consideration of the court and jury; and the per- ■ mission of this by the court, is assigned as the first error. There is no rule of law which forbids a plaintiff withdrawing a part, or all, of his demand, save as the right is qualified in the Code, (sec’s 1801 to 1805,) and the action in this case, did not conflict with those provisions.
Other errors assigned, are to certain instructions given at the request of the plaintiffs, the substance and effect of which…
2Cited by2 opinions
- Snyder v. RenoSupreme Court of Iowa · 1874
- Crandall v. LynchDistrict of Columbia Court of Appeals · 1902