Crouch v. Deremore
Supreme Court of Iowa
Appeal from Allamakee Cvrcuit Cowrt. The plaintiff William Crouch averred in his petition that in March, 1864, he was the owner of a county bounty warrant drawn in his favor for $100 by Allamakee county, and left in the custody of the clerk of the District Court of the county; that afterwards, and while the warrant was in the custody of the clerk, the defendant fraudulently obtained the warrant from the clerk and afterwards fraudulently presented the same to the treasurer of…
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Appeal from Allamakee Cvrcuit Cowrt. The plaintiff William Crouch averred in his petition that in March, 1864, he was the owner of a county bounty warrant drawn in his favor for $100 by Allamakee county, and left in the custody of the clerk of the District Court of the county; that afterwards, and while the warrant was in the custody of the clerk, the defendant fraudulently obtained the warrant from the clerk and afterwards fraudulently presented the same to the treasurer of the county and drew the money due thereon. The defendant pleaded a general denial. He admitted, however, that he drew…
1Opinion of the Court
Adams J.
The defendant assigns as error that the court erred in rendering judgment in favor of the plaintiff and against the defendant on the special verdict.
Whether it was competent for the court in the absence of any objection by any one to submit the case for a special verdict alone, we need not determine, as that question is not presented. It is certain that the court could not properly render judgment for the plaintiff upon the special verdict, unless taken in connection with the pleadings it is such as to show conclusively that the plaintiff was entitled to recover.
*45The warrant having…
2Cited by4 opinions
- Schulte v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1901
- Kerr v. Keokuk Waterworks Co.Supreme Court of Iowa · 1895
- Farmers Savings Bank v. Burr Forbes & SonSupreme Court of Iowa · 1911
- Hawley v. City of AtlanticSupreme Court of Iowa · 1894