McGregor v. Armill
Supreme Court of Iowa
Appeal from the Scott District Court This was an action to recover on a promissory note, clue in ninety days after its elate. The execution of the note was denied under oatli, and on this, issue was taken by proper replication.
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Appeal from the Scott District Court This was an action to recover on a promissory note, clue in ninety days after its elate. The execution of the note was denied under oatli, and on this, issue was taken by proper replication. To sustain the issue on bis part, tbe defendant (in tbe language of tbe bill of exceptions) “ produced four witnesses, wbo testified tbat tbey bad seen him write recently, within a year or two, and tbey were of opinion tbat tbe signature to tbe note was not tbe handwriting of tbe defendant. „ There was no evidence by any witness, tbat tbey bad seen tbe defendant sign…
1Opinion of the CourtWeight, C. J.
-It is first assigned for error, that the court had no right to refer the assessment of damages to the cleric, and that there was no sufficient verdict upon which a judgment could be rendered. But can defendant take advantage of this, at this time? We think not. If the form of the verdict was defective, it .might have been cerrected at the time of its rendition, had the defendant objected, and thus have obviated the necessity of referring the assessment to the clerk. We think the objection must have been taken in the court below, to avail the party in the appellate court. Schleneker v.…
2Cases cited6 opinions
- United States v. WrightU.S. Circuit Court for the District of Ohio · 1839
- James v. WilsonTexas Supreme Court · 1851
- Smith v. Johnson's Adm'rTexas Supreme Court · 1852
- Findley v. BuchananIndiana Supreme Court · 1818
- Horner v. WoodNew York Supreme Court · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Moffitt v. CresslerSupreme Court of Iowa · 1859
- Preston v. Dubuque & Pacific RailroadSupreme Court of Iowa · 1860
- Sanders v. StateIndiana Supreme Court · 1884
- Stevens v. CampbellSupreme Court of Iowa · 1858
- Belknap v. BelknapSupreme Court of Iowa · 1912
5 more not listed; retrieve them via the Exa API.