McMartin v. Bingham
Supreme Court of Iowa
Apjy&al from Black Hawk District Court. Action by ordinary proceedings upon an account for legal services'and disbursements rendered and made by the plaintiff and Ms partner to and for the defendant in the State of New York. The plaintiff claims to be the owner of the entire account by assignment from his partner.
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Apjy&al from Black Hawk District Court. Action by ordinary proceedings upon an account for legal services'and disbursements rendered and made by the plaintiff and Ms partner to and for the defendant in the State of New York. The plaintiff claims to be the owner of the entire account by assignment from his partner. The account, a copy of which is annexed to the petition, contains fourteen items, under eight different dates, from October, 1856, to May, 1866, and amounting to $8,497.50; and has one credit of $475. The answer denies the allegations of the petition except as admitted. It then…
1Opinion of the CourtCole, J.
1. iimnmmraE: sentfulhiTof tnai hy jury. The only question made in this case is one as to the power of the court to direct a reference of a cause when the parties do not consent thereto. Our Code, so far as it bears upon this ques-^on authorizes such reference “ when the trial of an issue of fact shall require the examination of mutual accounts, or when the account being on one side only, it shall be made to appear to the court that it is necessah'y that the party on the other side should be examined as a witness to prove the account, in which case the referees may be directed to hear and…
2Cases cited5 opinions
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- Abbott Et Ux. v. Essex CompanySupreme Court of the United States · 1856
- Porter v. SpencerNew York Court of Chancery · 1816
- Swift v. WellsNew York Supreme Court · 1846
- Dickinson v. MitchellNew York Supreme Court · 1865
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- Galusha v. WendtSupreme Court of Iowa · 1901
- Watkins v. Siler Logging Co.Washington Supreme Court · 1941
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- Berry Seed Company v. HutchingsSupreme Court of Iowa · 1956
- St. Paul & Sioux City Railroad v. GardnerSupreme Court of Minnesota · 1872
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