Hurlburt, Hess & Co. v. Fyock & Co.
Supreme Court of Iowa
Appeal from, Dallas District. Court — Hon. A. W. Wilkinson, Judge. This is an action at law by wbicb the plaintiff seeks to recover of D. E. Fyock & Co. a balance due upon an account for drugs sold and delivered. The defendant admitted the amount of the account, and set up a counter-claim to recover of the plaintiff a large amount of money which the defendant paid the plaintiff for intoxicating liquors, which it is alleged the plaintiff unlawfully sold to the defendant.
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Appeal from, Dallas District. Court — Hon. A. W. Wilkinson, Judge. This is an action at law by wbicb the plaintiff seeks to recover of D. E. Fyock & Co. a balance due upon an account for drugs sold and delivered. The defendant admitted the amount of the account, and set up a counter-claim to recover of the plaintiff a large amount of money which the defendant paid the plaintiff for intoxicating liquors, which it is alleged the plaintiff unlawfully sold to the defendant. The suit was commenced by attachment, and a stock of drugs was seized upon the writ. The defendant made an assignment of…
1Opinion of the Court
Rothrock, <1.
„ 1. BILI, of ex-certified notes repMto suffl^ cient. I. The first question in the case arises upon a motion o'f the appellee to strike the evidence from the flies, because it has not been preserved by a bill 7 1 J °*' exceptions. There were two trials of the cause- The record shows that at the first trial the evi(jence was taken down by the short-hand reporter, and certified by the judge, and properly filed. At the second trial a transcript of the short-hand notes was used by the consent of the parties as evidence upon the trial, and a short-hand record was kept of other…
2Cases cited1 opinion
- State v. FaySupreme Court of Iowa · 1876
3Cited by2 opinions
- Bunyan v. LoftusSupreme Court of Iowa · 1894
- Sigler v. MurphySupreme Court of Iowa · 1898