Freher v. Geeseka
Supreme Court of Iowa
Appeal from, the Lee District Court. This action was commenced before a justice of the peace, and by the defendant appealed to the district court. In that court judgment was rendered for defendant, and plaintiff now appeals.
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Appeal from, the Lee District Court. This action was commenced before a justice of the peace, and by the defendant appealed to the district court. In that court judgment was rendered for defendant, and plaintiff now appeals. The other facts of the case, will appear from the opinion. cited CrooJcshanlc v. Mallory, 2 G. Greene, 257; Fyser v. Weissgerler, 2 Iowa, 463; Liggett v. Smith, 3 Watts, 361; Code, 235. This court, in Fyser v. Weissgerler, 2 Iowa, 463, has held, that where a party declares upon a special contract, he must succeed upon it, and cannot recover upon the common counts. The law…
1Opinion of the CourtWright, C. J.
This judgment must be affirmed. Two considerations sufficiently justify this conclusion. The plaintiff complains of certain instructions which he alleges were given, and also of the refusal of the court to give certain ones asked by him. The bill of exceptions states, that plaintiff introduced a witness and proved certain facts, (which are set out), and that “the court charged as on file, to which the plaintiff excepted, and asked the court to instruct as in paper on file, which was refused, and plaintiff again excepted.” Beyond this, there is nothing to identify the instructions given and…
2Cases cited5 opinions
- Mays v. DeaverSupreme Court of Iowa · 1855
- Eyser v. WeissgerberSupreme Court of Iowa · 1856
- Herring v. StateSupreme Court of Iowa · 1855
- Conrad & Co. v. BaldwinSupreme Court of Iowa · 1856
- Ewing v. ScottSupreme Court of Iowa · 1856
3Cited by1 opinion
- Powder River Live Stock Co. v. LambNebraska Supreme Court · 1893