Legal Opinion

Fitzgerald v. McCarty

Supreme Court of Iowa

Decided April 20, 1881PublishedCited by 36 opinions

Appeal from Palo Alto Circuit Court. The defendants are husband and wife, and tbis action was brought to recover against both, for goods, wares and merchandise sold, on the ground the same was chargeable against both as a family expense. For tlie balance claimed to be due on one of the accounts it was alleged in the petition the defendant, Martin McCarty, had given his note. The execution, of the note was denied under oath.

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Appeal from Palo Alto Circuit Court. The defendants are husband and wife, and tbis action was brought to recover against both, for goods, wares and merchandise sold, on the ground the same was chargeable against both as a family expense. For tlie balance claimed to be due on one of the accounts it was alleged in the petition the defendant, Martin McCarty, had given his note. The execution, of the note was denied under oath. There was a trial by jury, judgment against both defendants, and they appeal.

1Opinion of the CourtSeevers, J.

— I. Against the objections of the defendants the plaintiff was permitted to introduce in evidence his books of original entry, and also his ledger. It is said by counsel for appellee the latter was admitted for the purpose of facilitating an examination of the accounts which were scattered through several books of original entry. The difficulty is the record does not show the ledger was admitted for, or limited to, this purpuse. All that appears is that it was admitted in evidence. This being so, the presumption must follow it was admitted for all purposes. There could be no objection to…

2Cases cited4 opinions

  1. Smedley v. FeltSupreme Court of Iowa · 1875
  2. Potter v. C., R. I. &. P. R.Supreme Court of Iowa · 1877
  3. McKinney v. HartmanSupreme Court of Iowa · 1856
  4. Fannon v. RobinsonSupreme Court of Iowa · 1860

3Cited by36 opinions

  1. Bryan v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1884
  2. Porter v. KnightSupreme Court of Iowa · 1884
  3. Security Co. v. GraybealSupreme Court of Iowa · 1892
  4. Hyman v. HardingIllinois Supreme Court · 1896
  5. Keatley v. Illinois Central Railway Co.Supreme Court of Iowa · 1895

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