Miller v. Gardner
Supreme Court of Iowa
Appeal from Monroe District Court. Action upon a promissory note for seven hundred dollars, payable to the order of plaintiff, and signed by tbe defendants. as makers.
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Appeal from Monroe District Court. Action upon a promissory note for seven hundred dollars, payable to the order of plaintiff, and signed by tbe defendants. as makers. The defendants answered, averring that the note was usurious, and offered to confess judgment in favor of plaintiff for the sum of six hundred and two dollars, and judgment for the interest to the school fund; that the defendants Noble and Gardner were principal debtors on said note, and the defendant Erits was surety. Frits filed an amended answer, in which he averred that his signature to the note sued upon was obtained by…
1Opinion of the CourtRothrock, J.
1. practice : exception to instruction. I. No exceptions were taken to the charge or instructions of the court to the jury until after verdict. Appellant, in his motion for a new trial, alleged the following among other grounds therefor:
“1. Because the court misinstructed the jury, and erred in its charge in giving charges Nos. 1, 2, 3, 4, 5, 6, 7, S, and each and every charge of the court given to the jury, because the same are not applicable, and are not the law applicable to this case.” * * * * *
Section 2789 of the Code provides that “either party may take and file exceptions to the charge…
2Cases cited2 opinions
- Davenport Gas Light & Coke Co. v. City of DavenportSupreme Court of Iowa · 1862
- Williams v. MeekerSupreme Court of Iowa · 1870
3Cited by8 opinions
- Beed v. BeedSupreme Court of Iowa · 1928
- CBS Real Estate of Cedar Rapids, Inc. v. HarperSupreme Court of Iowa · 1982
- Lombard v. GregorySupreme Court of Iowa · 1890
- Benson & Co. v. LundySupreme Court of Iowa · 1879
- Murdock v. LewisMissouri Court of Appeals · 1887
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