Street v. Beckman
Supreme Court of Iowa
Appeal from, Mahaska District Gowrt. The petition alleges that on the 2d day of August, 1873, the plaintiff and defendant executed and delivered to R. P. Bacon a promissory note for $200; that plaintiff signed said note as surety for defendant; that defendant failed to pay the same, and that plaintiff was compelled to pay it, wherefore he asks judgment against defendant for the amount thereof with interest.
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Appeal from, Mahaska District Gowrt. The petition alleges that on the 2d day of August, 1873, the plaintiff and defendant executed and delivered to R. P. Bacon a promissory note for $200; that plaintiff signed said note as surety for defendant; that defendant failed to pay the same, and that plaintiff was compelled to pay it, wherefore he asks judgment against defendant for the amount thereof with interest. The answer alleges that another suit is pending in the Circuit Court of Mahaska county between the same parties, in which the plaintiff claims the same sum for the same matters alleged in…
1Opinion of the CourtEothrock, J.
The court below made a special, finding of the facts and the law, and the conclusion of law was that the claim made by the petition had been adjudicated by the proceedings in the Circuit Court. The abstract does not contain the evidence taken on the trial in the court below.
The appellant insists that it does not appear from the finding of facts, that the suit in the Circuit Court had been determined prior to the trial of the case in the District Court. Without considering the additional abstract filed by appellee to which objection is made, we think the special findings sufficiently show that…
2Cited by2 opinions
- Hogle v. SmithSupreme Court of Iowa · 1907
- Sketchley v. Smith & Co.Supreme Court of Iowa · 1889