Potts v. Polk County
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. Chas. A. Bishop, Judge. This action was commenced on the fourth day of April, 1888; and the plaintiff claimed in his petition the sum of two thousand dollars as a balance due him for services rendered while constable of Saylor township, Polk county. The defendant denied any indebtedness to the plaintiff, and denied that plaintiff was elected constable, and denied that he was a resident of Saylor township.
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Appeal from Polk District Court. — Hon. Chas. A. Bishop, Judge. This action was commenced on the fourth day of April, 1888; and the plaintiff claimed in his petition the sum of two thousand dollars as a balance due him for services rendered while constable of Saylor township, Polk county. The defendant denied any indebtedness to the plaintiff, and denied that plaintiff was elected constable, and denied that he was a resident of Saylor township. It was further averred in the answer that plaintiff and defendant, on the tenth day of December, 1887, had a settlement, and defendant then paid to…
1Opinion of the CourtRothrook, C. J.
1. Action: settlement: consideration: parol to vary writing. — I. At the time of the alleged settlement, there was an action pending in which the plaintiff claimed a large amount as due him, for fees, for services rendered in criminal cases tried before justices of the peace in " x Polk county. The action was settled and dismissed, and the defendant paid to the plaintiff the sum of one thousand dollars. It is not disputed that there was a formal settlement. The question of fact controverted by the parties on the hearing before the referee was whether the settlement included all claims for…
2Cases cited4 opinions
- Hammond v. S. C. & P. R. Co.Supreme Court of Iowa · 1878
- Whitaker v. SiglerSupreme Court of Iowa · 1876
- Rand v. WileySupreme Court of Iowa · 1886
- Howder v. OverholserSupreme Court of Iowa · 1878
3Cited by2 opinions
- Watrous v. WatrousSupreme Court of Iowa · 1917
- Smith v. ElrodSupreme Court of Alabama · 1898