Lane & Wilson v. Goldsmith
Supreme Court of Iowa
Appeal from Henry District Court. The defendant sued these plaintiffs before a justice of the peace upon a note, and recovered judgment thereon. These plaintiffs commenced this proceeding for a writ of error to the justice. The affidavit for the writ sets out the errors complained of, as shown in the opinion. The District Court reversed the judgment of the justice and dismissed the cause. The defendant herein, who was the plaintiff before the justice, appeals.
1Opinion of the Court
Colts,' J.
1. writ of f^iceofVie peace-I. The first error alleged, is as to the refusal of the justice to permit the defendants in the action before him, to cross-examine, as to a'certain matter, the plaintiff therein, who had been sworn and testified in his own behalf. * The matters as set forth in the affidavit for the writ, may show error in the action of the justice. But the affidavit is for the purpose of procuring the writ; and it is the return to the writ that forms the basis upon which the court must act. Stone v. Murphy, 2 Iowa, 35; Rhodes v. De Bow, 5 Id. 260, and Vance v. Kirfman,…
2Cases cited3 opinions
- Anson v. DwightSupreme Court of Iowa · 1865
- Stone v. MurphySupreme Court of Iowa · 1855
- Taylor v. RockwellSupreme Court of Iowa · 1860
3Cited by6 opinions
- Anthes v. BooserSupreme Court of Iowa · 1900
- Lease v. FranklinSupreme Court of Iowa · 1892
- Schaefer v. C. W. Whitman & SonSupreme Court of Iowa · 1910
- Yarcho v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1918
- A. A. Doolittle & Co. v. PorterSupreme Court of Iowa · 1910
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