Chapel v. Wadsworth
Supreme Court of Iowa
Appeal from Worth District Cowrt. — Hon. B. W. Buddick, Judge. Action at law to recover one hundred and twenty-five dollars with interest, on some ten different items stated in the petition. Answer denying most of the facts alleged, and setting up as counter claims, twenty-seven different items, upon which the defendant asked judgment for eight hundred and seventy-eight dollars and eighty-one cents, with interest.
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Appeal from Worth District Cowrt. — Hon. B. W. Buddick, Judge. Action at law to recover one hundred and twenty-five dollars with interest, on some ten different items stated in the petition. Answer denying most of the facts alleged, and setting up as counter claims, twenty-seven different items, upon which the defendant asked judgment for eight hundred and seventy-eight dollars and eighty-one cents, with interest. The plaintiff replied joining issue as to the most of the facts alleged, and denying any indebtedness on the counter-claim. There was a verdict and judgment for the plaintiff for…
1Opinion of the CourtGiven, J.
The appellee moves to strike all that part of’ the appellant’s abstract which undertakes to set out or state the evidence introduced, and to affirm the judgment, for the reason that the evidence was not preserved by bill of exceptions, and is not contained in the abstracts. The abstracts do not purport to set out the testimony or any part thereof. The only reference to it in the appellant’s abstract is as follows: “On the issue thus joined this ease was tried to a jury on the twenty-first and twenty-second days of February, 1890, on oral testimony, and the defendant introduced evidence…
2Cited by1 opinion
- Sloan v. DavisSupreme Court of Iowa · 1898