Weimer v. Linhard
Supreme Court of Iowa
Appeal from Lee District Court. Parties met before the justice and had a contested trial. The justice’s transcript failed to show any formal denial of plaintiff’s claim, or that any pleadings oral or otherwise were filed or made by defendant. On appeal in the District Court, he was denied the right of introducing evidence, and the judgment below was affirmed for the amount of plaintiff’s claim with interest; a sum larger than that recovered before the justice.
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Appeal from Lee District Court. Parties met before the justice and had a contested trial. The justice’s transcript failed to show any formal denial of plaintiff’s claim, or that any pleadings oral or otherwise were filed or made by defendant. On appeal in the District Court, he was denied the right of introducing evidence, and the judgment below was affirmed for the amount of plaintiff’s claim with interest; a sum larger than that recovered before the justice. Defendant appeals.
1Opinion of the CourtWright, J.
Following Heath v. Coltenback, 5 Iowa 490; Brock v. Manatt, Ib. 270; Hall v. Denise, 6 Ib. 534; Clark v. Barnes, 7 Ib. 6; Sannamon v. Milbourn, 4 G. Greene 309. This ruling was erroneous, and the cause is therefore reversed.
2Cases cited1 opinion
- Heath v. ColtenbackSupreme Court of Iowa · 1858