Howell v. Snyder
Supreme Court of Iowa
Appeal from Wayne District Cowrt. Action upon a promissory note, made by the defendant to The Iowa Southern Nail way ■ Company or order, for $104.20, dated' February 8, 1870, and payable one day after date.
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Appeal from Wayne District Cowrt. Action upon a promissory note, made by the defendant to The Iowa Southern Nail way ■ Company or order, for $104.20, dated' February 8, 1870, and payable one day after date. Defense, that the note was given in payment of a subscription made by tbe defendant to tbe railway company to aid in its construction, and upon certain conditions as to tbe line or route of its construction, the time of its completion, etc., etc.; that by false and fraudulent representations made to tbe defendant, by this plaintiff as one of- tbe officers of tbe Bailroad Company, as to the…
1Opinion of the CourtCole, J.
Tbe abstract shows that tbe motion for a new trial “ coming on to be beard, is by the court sustained, for tbe reason that said verdict is contrary to tbe evidence and law as given by the court, and for no other cause.” Tbe abstract contains all tbe evidence, but does not contain any of tbe instructions or “ the law as given by tbe court.” Since we have not, therefore, all tbe record or facts before us, upon which tbe court below acted, we cannot properly review its action. Neither could we say upon tbe merits of tbe case as shown by tbe evidence alone, that tbe court erred in granting a new…
2Cases cited2 opinions
- Dewey v. Chicago & N. W. R. R.Supreme Court of Iowa · 1871
- Freeman v. RichSupreme Court of Iowa · 1855