Thompson v. Blanchard
Supreme Court of Iowa
Appeal from the Fremont District Court. These parties submitted certain matters in controversy between them,' to arbitrators. They having beard the cause, awarded tbe sum of $388.14 to plaintiff, wbicb award was in writing, but was not returned or delivered to any court. Tbe defendant having failed to pay tbe whole amount so awarded, plaintiff brought this suit to recover tbe balance.
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Appeal from the Fremont District Court. These parties submitted certain matters in controversy between them,' to arbitrators. They having beard the cause, awarded tbe sum of $388.14 to plaintiff, wbicb award was in writing, but was not returned or delivered to any court. Tbe defendant having failed to pay tbe whole amount so awarded, plaintiff brought this suit to recover tbe balance. Opon tbe back of tbe award, at tbe time of bringing suit, there was a credit of $283.20, dated February 10, 1853. Defendant answered, denying tbe indebtedness, admitting tbe submission and award, setting up,…
1Opinion of the CourtWeight, C. J.
Tbe first error assigned, is tbe decision of tbe court in allowing tbe award to be read to tbe jury as evidence. It does not appear wbat objection was made to tbe introduction of tbis paper in tbe court below, and for tbis reason, we are justified in sustaining tbe ruling there made. Tbe party should show, by bis exceptions, wbat was tbe objection urged, and decided in tbe District Court. Tbis court cannot pass upon objections, not insisted upon in tbe trial below. Any other rule, would be unjust and dangerous in tbe extreme. It is insisted here, however, that tbe award should have been…
2Cases cited2 opinions
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- Turner v. Hartford Fire InsuranceSupreme Court of Iowa · 1919
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