Bennett v. Parker
Supreme Court of Iowa
Appeal from Fremont District Coxvrt. This was an action upon a written instrument by which the defendant contracted to pay the plaintiff the sum of $30, in consideration that the plaintiff would lay off and plat a town-site at his own expense, and procure from the Wabash, St. Louis & Pacific Railroad Company a side track on said town-site, and the location of a grain elevator. There was a trial by jury, and verdict for the plaintiff. Defendant appeals.
1Opinion of the CourtRotiirock, J.
The amount in controversy, as shown by the pleadings in the action, is less than $100, and' the cause comes to us on the following certificate: “* * * Did the court err in withdrawing from the consideration of the jury (which was done by the instructions) the matters pleaded as a defense in the third count or division of the. *452original answer filed herein on the tenth day of October, 1884; there having been some evidence upon the trial tending to sustain the allegations made in said third count of said answer?”
We have repeatedly held, and rule twelve of this court requires, that in order to…
2Cases cited1 opinion
- Votaw v. CorwinSupreme Court of Iowa · 1883
3Cited by3 opinions
- Martin Steam-Feed Cooker Co. v. OliveSupreme Court of Iowa · 1891
- Sloss v. BaileySupreme Court of Iowa · 1898
- Des Moines Insurance v. BrileySupreme Court of Iowa · 1890