Cadwallader & Co. v. Blair
Supreme Court of Iowa
Appeal from Washington District Court, Practice : instructions op court, when part op the record: lien op warehousemen: liability OF INCOMING partner. — Action at law on warehouse receipt, purporting to be executed by defendants as partners. Van Nostrand denied the partnership and the execution of the instrument in suit. On these issues a trial was had to a jury, and a verdict rendered for the plaintiffs. Van Nostrand appeals.
1Opinion of the CourtDillon, J.
1. Practice: points not presented below. I. It is assigned for error, that the judgment, as entered in the court below, was in favor of F. Gcuhoalluder alone, and not in the plaintiffs’ firm °f Oadwallader &Co. This was. a clerical error, js a sufficient answer to the objection that no such point was made in the District Court. The objection cannot avail the defendant to reverse the judgment, being for the first time made in this court. We direct the proper correction to be made in the District Court without costs.
2. - instructions: bill of exceptions. II. The appellant claims that the…
2Cases cited1 opinion
- Sternburg v. Callanan & InghamSupreme Court of Iowa · 1862
3Cited by5 opinions
- Wells v. B. C. R. & N. R.Supreme Court of Iowa · 1881
- Kelleher v. City of KeokukSupreme Court of Iowa · 1883
- Phillips v. Starr & Co.Supreme Court of Iowa · 1868
- Sargent v. ChapmanColorado Court of Appeals · 1899
- Sargent v. ChapmanColorado Court of Appeals · 1899