Mays v. Deaver
Supreme Court of Iowa
Appeal from the Mahaska District Court. This was an action commenced by Mays against Deaver, in July, 1854, for damages resulting to tbe plaintiff, by reason of fraud and misrepresentation of tbe defendant, in tbe sale of certain real estate, purchased by plaintiff of defendant. All tbe averments of tbe petition are denied in tbe answer; but as no question is raised witb regard to the pleadings, it is unnecessary to notice their respective allegations and denials.
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Appeal from the Mahaska District Court. This was an action commenced by Mays against Deaver, in July, 1854, for damages resulting to tbe plaintiff, by reason of fraud and misrepresentation of tbe defendant, in tbe sale of certain real estate, purchased by plaintiff of defendant. All tbe averments of tbe petition are denied in tbe answer; but as no question is raised witb regard to the pleadings, it is unnecessary to notice their respective allegations and denials. On tbe trial, as appears from tbe record, tbe plaintiff called one Johnson, for tbe purpose of proving tbe contract in relation to…
1Opinion of the CourtWoodward, J.
This cause now comes up upon the motions of the appellee. His first motion is to strike from the record, bills of exceptions numbers one and two.
1. Because they are not signed by William H. Seevers, judge of the third judicial district of the state of Iowa.
2. Because they do not show, nor does the record show, that they were taken and signed during the trial of the cause, and before verdict rendered, or that time was allowed by the court to settle the same. Counsel refers to the Code, §§ 1805 and 1806; Jones v. Sprague, 2 Scam. 55; Hicks v. Pierson, 19 Ohio, 426.
The facts upon which the first…
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