Martin v. Orndorff
Supreme Court of Iowa
Appeal from Des Moines District Court. The petition claims a balance of over seven hundred dollars for ninety-six head of steers sold and delivered to defendant, and for feed and care of the same. The contract (in writing) was made in March, 1863, and the steers were to be delivered July 1 of the same year.
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Appeal from Des Moines District Court. The petition claims a balance of over seven hundred dollars for ninety-six head of steers sold and delivered to defendant, and for feed and care of the same. The contract (in writing) was made in March, 1863, and the steers were to be delivered July 1 of the same year. The answer admits the contract, but denies the delivery; averring, in substance, that defendant assigned the contract to one McPherson, of Chicago; that plaintiff recognized the said McPherson as the party liable to him, and, without defendant’s knowledge or consent, delivered the cattle…
1Opinion of the CourtWright, J.
1. Practice: evidence used in former trial. -This cause was before us in April 1866 (20 Iowa, 217), and was reversed because tbe verdict in defendant’s favor was against tbe evidence. On the second trial (now before us for review), the record discloses that after the evidence had been introduced, and after plaintiff’s counsel had entered upon his argument, “ he commenced reading the minutes of the evidence taken at the previous trial,- and which was not introduced in evidence, and to compare that ivith the evidence taken at this trial, to which defendant objected; but the court permitted the…
2Cases cited2 opinions
- Morrison v. MyersSupreme Court of Iowa · 1861
- Martin v. OrndorffSupreme Court of Iowa · 1866
3Cited by11 opinions
- Waldron v. WaldronSupreme Court of the United States · 1895
- Scripps v. ReillyMichigan Supreme Court · 1877
- Corvallis & Alsea River R. v. Portland E. & E. Ry. Co.Oregon Supreme Court · 1917
- People v. MitchellCalifornia Supreme Court · 1882
- Allaire's Heirs v. AllaireSupreme Court of New Jersey · 1876
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