Sturgeon v. Ferron
Supreme Court of Iowa
Appeal from Appanoose District Court. Action on a promissory note. The facts appear in the opinion of the court. I. The transcript does not show affirmatively that it contains all the evidence, and unless it is shown affirmatively that all the evidence is before this court, the judgment of the District Court will not be disturbed.
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Appeal from Appanoose District Court. Action on a promissory note. The facts appear in the opinion of the court. I. The transcript does not show affirmatively that it contains all the evidence, and unless it is shown affirmatively that all the evidence is before this court, the judgment of the District Court will not be disturbed. Napier v. Wiseman, 3 G. Greene, 246; Stockton v. City of Burlington, 4 Id., 84; Brobst v. Thompson, 4 Id., 135; Curts v. Scoles & Turner, 1 Iowa, 471; Brady v. Malone, 4 Id., 146. II. The party asking a new trial on the ground of newly discovered evidence, must aver…
1Opinion of the CourtLowe, J.
A petition for a new trial, filed agreeably to the provisions of § 3116 of the Revision of 1860, under the following circumstances:
The defendant, Ferron, held a note secured by mortgage of $850.00 against the plaintiff, upon which was indorsed three credits; two of these were for $200 each, and the third was for $300. Ferron, on filing his petition to foreclose said mortgage for the balance due thereon, alleges that the last credit of $300 was erroneous and should have indorsed for $100 only; that the same was written by the said Sturgeon and signed by him without reading, supposing it to be…
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