Legal Opinion

Keokuk Stove Works v. D. Hammond & Son

Supreme Court of Iowa

Decided May 22, 1895PublishedCited by 4 opinions

Appeal from Monroe District Court. — Hon. W. H. Tisdale, Judge. Action: upon a written contract, to recover three hundred and) fifty-seven dollars, with interest, for shoves sold and delivered. Defendants answered, and' the case proceeded to trial. After plaintiff rested, the defendants withdrew their answer, and filed- a substituted answer. The original answer isi not set out in the record.

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Appeal from Monroe District Court. — Hon. W. H. Tisdale, Judge. Action: upon a written contract, to recover three hundred and) fifty-seven dollars, with interest, for shoves sold and delivered. Defendants answered, and' the case proceeded to trial. After plaintiff rested, the defendants withdrew their answer, and filed- a substituted answer. The original answer isi not set out in the record. In their substituted answer they admitted the execution of the contract, and that the plaintiff shipped to them the stoves- described therein, but denied that there is due to the plaintiff the sum…

1Opinion of the CourtGiven, C. J.

1 *6962 *695I. Appellants present as their assignment of errors the following: “(1) The court erred in refusing to permit the defendants to open and close the case, while at the same time the burden of proof in the whole case was on the defendants. (2) The court erred in sustaining objections of the plaintiff to the testimony of David Hammond, T. C. Hammond, and M. M. Hinton. (S) The court erred in overruling objections made by the defendants to the testimony of J. M. Walters, and each of the witnesses introduced by the plaintiff. (4) The court erred.in refusing to allow defendants h> show that one J.…

2Cases cited3 opinions

  1. Blair v. Madison CountySupreme Court of Iowa · 1890
  2. Blocker v. SchoffSupreme Court of Iowa · 1891
  3. Albrosky v. Iowa CitySupreme Court of Iowa · 1888

3Cited by4 opinions

  1. Manatt v. ScottSupreme Court of Iowa · 1898
  2. Koenigs v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1895
  3. Copeland v. FerrisSupreme Court of Iowa · 1902
  4. Liefheit v. Jos. Schlitz Brewing Co.Supreme Court of Iowa · 1898

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