Everett v. Sherfey
Supreme Court of Iowa
Appeal from the Cedar District Courti This suit was commenced by Everett against Sherfey, on-tbe 24th September,. 1858.. The plaintiff's claim is for-damages by reason of defendant’s having harbored and retained in his employment, one Jonah Everett,, the minor son of plaintiff, from May 1st, 1852, to- the time of the commencement of this suit.
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Appeal from the Cedar District Courti This suit was commenced by Everett against Sherfey, on-tbe 24th September,. 1858.. The plaintiff's claim is for-damages by reason of defendant’s having harbored and retained in his employment, one Jonah Everett,, the minor son of plaintiff, from May 1st, 1852, to- the time of the commencement of this suit. The answer in substance denies the harboring -and retaining, and avers that, if plaintiff was deprived of the care,, nurture, education, and services of his son, it was because-of his own unjust and -cruel acts, and -that plaintiff had discarded and…
1Opinion of the Court
"Weight, C. J.
Various objections have been urged against the admissibility of the justice’s transcript, relating-to its form and authenticity. We deem it unnecessary to examine these objections, for we are unable to see how, in any event, these proceedings could affect either party’s rights in this suit. This testimony, in our view, was simply immaterial, and the judgment herein, was either right or wrong, without reference to, and independent of it. If the conclusion of the court below is correct, it would have been equally so, if this transcript had been excluded. And while we are unable to…
2Cases cited3 opinions
- Shute v. DorrNew York Supreme Court · 1830
- Canovar v. CooperNew York Supreme Court · 1848
- Stansbury v. BertronSupreme Court of Pennsylvania · 1844
3Cited by13 opinions
- Howell v. HowellSupreme Court of North Carolina · 1913
- Wood v. WoodSupreme Court of Iowa · 1983
- Guthrie County v. ConradSupreme Court of Iowa · 1907
- Howell v. . HowellSupreme Court of North Carolina · 1913
- Fullerton v. SherrillSupreme Court of Iowa · 1901
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