Barnhart v. Farr
Supreme Court of Iowa
Appeal from Blade Howie Owouit Oov/rt. This is an action at law in which the plaintiff, "being publisher of a newspaper, seeks to recover of the defendant Farr, as sheriff, and of the other defendants as sureties on his official bond, certain printer’s fees for publishing a large number of sheriff’s sale notices, which fees, it is alleged, said Farr collected and appropriated to his own use. A jury was waived and a trial was had to the court.
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Appeal from Blade Howie Owouit Oov/rt. This is an action at law in which the plaintiff, "being publisher of a newspaper, seeks to recover of the defendant Farr, as sheriff, and of the other defendants as sureties on his official bond, certain printer’s fees for publishing a large number of sheriff’s sale notices, which fees, it is alleged, said Farr collected and appropriated to his own use. A jury was waived and a trial was had to the court. Judgment was rendered against defendant Farr, and the other defendants, his sureties, were by tbe judgment of the court held not liable to- tbe…
1Opinion of the CourtRothrock, J.
i. practice in coiirtfexceptlons‘ I. It is urged by counsel for appellees that tliis cause must be affirmed, because tbe record does not show there was any exception to the judgment rendered by tbe court below. An exception appears to have been taken to tbe conclusion of law from tbe facts found by tlie court, and we incline to think this was sufficient. The formal judgment was founded upon the conclusion of law which was excepted to.
*3672..-as-SnS?í6nt °f *366II. It is contended that the appeal cannot be entertained *367because there is no assignment of errors. This point appears to us to be well taken.…
2Cases cited1 opinion
- Twogood & Elliott v. ReilySupreme Court of Iowa · 1878
3Cited by7 opinions
- Boyd & Williams v. J. J. Watson & Co.Supreme Court of Iowa · 1897
- Gulliher v. C., R. I. & P. R.Supreme Court of Iowa · 1882
- Weis v. Morris Bros.Supreme Court of Iowa · 1897
- Shull v. McCrumSupreme Court of Iowa · 1917
- Haefer v. MullisonSupreme Court of Iowa · 1894
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