Jemmison v. Gray
Supreme Court of Iowa
Appeal from Wapello Circuit Court. Wednesday, October, 5. The petition alleges that the plaintiffs agreed to deliver to the defendants, at a designated place, 60,000 railroad ties, at the stipulated price of fifty-two cents per tie; that relative monthly estimates were to be made by the chief engineer, which estimates were to be paid, less ten per (cent; that plaintiffs under this contract, delivered 47,787 ties, which were inspected by the chief engineer and received by the…
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Appeal from Wapello Circuit Court. Wednesday, October, 5. The petition alleges that the plaintiffs agreed to deliver to the defendants, at a designated place, 60,000 railroad ties, at the stipulated price of fifty-two cents per tie; that relative monthly estimates were to be made by the chief engineer, which estimates were to be paid, less ten per (cent; that plaintiffs under this contract, delivered 47,787 ties, which were inspected by the chief engineer and received by the defendants ; that defendants have paid on account of said ties the sum of $22,220, leaving a balance, including the ten…
1Opinion of the CourtDay, J.
l. practice : evration ’ofPwitnesses. I. At the trial of the cause the defendants introduced one of their number, L. E. Gray, as a witness, -^4 the request of plaintiffs, and against the objection of defendants, the court required the defendants Baker and Madson to retire during the examination of Gray. This action of the court is assigned as error. Whether or not Baker and *540Madson were also sworn as witnesses prior to their exclusion, the record does not disclose. If it was not proposed to introduce this testimony, we can conceive of no motive for the request that they be separated, no reason…
2Cases cited4 opinions
- Foley v. McKeeganSupreme Court of Iowa · 1856
- Pixler v. NicholsSupreme Court of Iowa · 1859
- Cannon v. FolsomSupreme Court of Iowa · 1855
- Lea v. RoadsSupreme Court of Iowa · 1867
3Cited by11 opinions
- Loose v. StateWisconsin Supreme Court · 1903
- Osgood v. Bauder & Co.Supreme Court of Iowa · 1888
- Simons v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1905
- Brownell & Co. v. ChapmanSupreme Court of Iowa · 1892
- Cobb, Blasdel & Co. v. I. C. R. R.Supreme Court of Iowa · 1874
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