Cain v. Devitt
Supreme Court of Iowa
Appeal from the Clinton District Court. This action was commenced by a widow, before a justice of the peace, to recover for the services of her minor son, and taken by appeal to the district court. The original notice was served upon the defendant., and informed him that the plaintiff claimed of him $565,50, as money due her for the labor of her son Anthony, and that the above amount was justly due her as the balance of accounts for said labor of her son.
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Appeal from the Clinton District Court. This action was commenced by a widow, before a justice of the peace, to recover for the services of her minor son, and taken by appeal to the district court. The original notice was served upon the defendant., and informed him that the plaintiff claimed of him $565,50, as money due her for the labor of her son Anthony, and that the above amount was justly due her as the balance of accounts for said labor of her son. Judgment for the plaintiff, and defendant appeals. The other material facts are stated in the opinion of the court. upon the point that the…
1Opinion of the CourtStockton, J.
To insure a trial in the district court upon appeal, on the same cause of action that was tried before the justice, the law requires that the justice shall file in the office of the clerk of the district court, all the original papers relating to the suit, with a transcript of the entries on his docket. Code, section 2336. Because the bill of particulars was not marked “ filed,” by the justice, the defendant objected to the same being read to the jury, and the objection was sustained by the court. When the plaintiff then attempted to introduce evidence to prove an indebtedness to her from the…
2Cases cited2 opinions
- Jenney v. AldenMassachusetts Supreme Judicial Court · 1815
- Canovar v. CooperNew York Supreme Court · 1848
3Cited by4 opinions
- Bean v. BickleySupreme Court of Iowa · 1919
- Bradley v. SattlerIllinois Supreme Court · 1895
- Crary Bros. v. HoffmanSupreme Court of Iowa · 1902
- Winnebago Auto Co. v. BilstadSupreme Court of Iowa · 1942