City of Keokuk v. Fort Wayne Electric Co.
Supreme Court of Iowa
Appeal from Lee District Court. — Hon. James D. Smythe, Judge. Action at law to recover damages of the defendant for failure to comply with an alleged contract to furnish and maintain, in the streets of the plaintiff city, •one hundred and twenty-five arc electric lights. A jury was waived, and a trial was had before the court. A .judgment was rendered against the defendant for three thousand, nine hundred and ninety-nine dollars and ninety-nine cents, and it appeals.
1Opinion of the CourtRothkock, J.
I. The appellee presented a motion to strike from the files an amendment to the-assignment of errors. It is unnecessary to determine-the question presented by the motion, for the reason that we do not find it essential to consider the amendment of the assignment of errors. In our opinion, the rights of the parties may-be determined upon the errors originally assigned, and of the sufficiency of which there is no question. .
II. Another motion of appellee was submitted with the case, in which it is sought to strike out the evidence from the abstract because it was not preserved by a bill of…
2Cases cited2 opinions
- Bank of Commerce v. GoosNebraska Supreme Court · 1894
- Hanson v. HunterSupreme Court of Iowa · 1891
3Cited by6 opinions
- Marion Water Co. v. City of MarionSupreme Court of Iowa · 1903
- Mathews v. NashSupreme Court of Iowa · 1911
- Benson Lumber Co. v. ThorntonSupreme Court of Minnesota · 1932
- Cloud v. BurnettSupreme Court of Iowa · 1925
- Myers v. NewcomerIndiana Court of Appeals · 1931
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