Conger v. Dean
Supreme Court of Iowa
Appeal from the Wappelb District Court. This action was commenced before a justice of tbe peace. Defendant appealed to tbe District Court, where he made a motion to dismiss the cause; offered to introduce certain testimony ; and asked instructions, which were rejected and refused by the court, and judgment being against him, he appeals to this court, where the following errors are assigned : 1. The court erred in overruling defendant’s motion to dismiss the suit. 2. Iu…
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Appeal from the Wappelb District Court. This action was commenced before a justice of tbe peace. Defendant appealed to tbe District Court, where he made a motion to dismiss the cause; offered to introduce certain testimony ; and asked instructions, which were rejected and refused by the court, and judgment being against him, he appeals to this court, where the following errors are assigned : 1. The court erred in overruling defendant’s motion to dismiss the suit. 2. Iu refusing to allow defendant to introduce the testimony offered. 3. In refusing to give the instructions, asked for by…
1Opinion of the Court
Wright, 0. J.
The motion to dismiss- the cause- was correctly overruled. It was based upon the fact, that the parties had'submitted the subject matter of the suit to arbitration, upon which there had been an award in favor of defendant, as shown by his answer, filed before the justice. This was denied, however, by plaintiff, as appears by tbe justice’s transcript, and a written replication found in tbe record. . And thus was raised an issue of fact, .which could only he deter*465mined, like any other fact in the case, and could not be adjudicated on a motion to dismiss. There is nothing to show…
2Cases cited1 opinion
- Wells v. LaneCourt for the Trial of Impeachments and Correction of Errors · 1835
3Cited by9 opinions
- Illinois Central Railroad Company, Appt. v. Wirt AdamsSupreme Court of the United States · 1901
- First National Bank in Cedar Falls v. ClaySupreme Court of Iowa · 1942
- Ames Canning Co. v. Dexter Seed Co.Supreme Court of Iowa · 1922
- Fink v. FinkSupreme Court of Iowa · 1859
- Foust v. HastingsSupreme Court of Iowa · 1885
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