Mallory Commission Co. v. Elwood
Supreme Court of Iowa
Appeal from Jones District Court. — Hon. H. M. Eemley, Judge. Action at law on two promissory notes given for the •purchase price of certain slieep. Defense, failure of consideration, due to the diseased condition of the animals when sold, and a counterclaim for damages for breach of •warranty of the sheep made at the time of the sale. Trial to a jury. Verdict and judgment for defendant, and plaintiff appeals.
1Opinion of the CourtDeembr, J.
While there are some nineteen assignments of error, but few of them are sufficient under the-statute and decisions of this court to present any question for review. The assignments with reference to the instructions and special interrogations given and refused are omnibus in character, and clearly insufficient under the-rale announced in Huss v. C. & G. W. R. R, 113 Iowa, 343;. Fitch v. Mason City, 116 Iowa, 716, and other like cases. There is nothing, therefore, for us to consider with reference to these matters. The third assignment is omnibus-in character, and also requires us to search…
2Cases cited11 opinions
- Leo Austrian & Co. v. SpringerMichigan Supreme Court · 1892
- Hichhorn, Mack & Co. v. BradleySupreme Court of Iowa · 1902
- Bailey v. BensleyIllinois Supreme Court · 1877
- Kaufman Bros. v. Farley Manufacturing Co.Supreme Court of Iowa · 1889
- Huss v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1901
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3Cited by4 opinions
- Wabash Railway Co. v. PetersonSupreme Court of Iowa · 1919
- Rice v. Friend Bros.Supreme Court of Iowa · 1917
- Davidson Bros. v. SmithSupreme Court of Iowa · 1909
- J. R. Watkins Medical Co. v. MossSupreme Court of Iowa · 1913