Van Wagenen v. Parsons
Supreme Court of Iowa
Appeal from Lyon District Court. — Hon. N. E. Gaynok, Judge. The parties to this suit are attorneys at law, and werer prior to May 29, 1895, partners in the practice of their profession. This action is on a promissory note made by defendant to plaintiff March 30, 1896, for six hundred and thirty-five dollars, due June 30th thereafter.
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Appeal from Lyon District Court. — Hon. N. E. Gaynok, Judge. The parties to this suit are attorneys at law, and werer prior to May 29, 1895, partners in the practice of their profession. This action is on a promissory note made by defendant to plaintiff March 30, 1896, for six hundred and thirty-five dollars, due June 30th thereafter. The execution of the note is admitted, and, as a defense, it is made to appear in the answer that at the settlement of the partnership affairs defendant paid to plaintiff the sum of two thousand three-hundred dollars, and plaintiff retired, leaving defendant…
1Opinion of the CourtGranger, J.
*2651 *264We should not lose sight of the fact that this appeal is from an order in effect granting a new trial. *265The court did, in terms, set aside the report of the referee, and grant a new trial. The law authorizes a new trial after a report of a referee. Code 1873, section 2837. This is a law action, to be considered here on assignments of error. The only question for us to consider is, did the court err in making the order for a new trial ? No judgment has been entered, and the order but subjects the issues to a re-examination. Section 2837, supra. The action of the district court in granting or…
2Cases cited3 opinions
- Kern v. MaySupreme Court of Iowa · 1894
- New York Piano Forte Co. v. MuellerSupreme Court of Iowa · 1874
- Donahue v. LannanSupreme Court of Iowa · 1886
3Cited by8 opinions
- Farnsworth v. HazelettSupreme Court of Iowa · 1924
- Thomas v. Illinois Central RailroadSupreme Court of Iowa · 1915
- Perry National Bank v. EngnellSupreme Court of Iowa · 1924
- Lange v. NissenSupreme Court of Iowa · 1927
- Rosche v. Bettendorf Axle Co.Supreme Court of Iowa · 1915
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