West v. Fry
Supreme Court of Iowa
Appeal from Marion District Court.— Hon. James Gamble, Judge.. Action to recover for corn sold and delivered, for use of a farm and for damages thereto, and upon an account for hay. Defendant denied generally, and pleaded a counterclaim upon an account of forty-nine items covering the years 1888 to 1901, which account showed twenty-one items of credit.
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Appeal from Marion District Court.— Hon. James Gamble, Judge.. Action to recover for corn sold and delivered, for use of a farm and for damages thereto, and upon an account for hay. Defendant denied generally, and pleaded a counterclaim upon an account of forty-nine items covering the years 1888 to 1901, which account showed twenty-one items of credit. Plaintiff, in reply, admitted a partnership relation between the parties for the years 1888 to 1890, claimed additional credits to those shown by defendant, also a full settlement of defendant’s account, and the Statute of Limitations. Upon its…
1Opinion of the CourtDeemer, J.
1. Reference cause view of order. As there was no objection or exception to the reference made by the court, and as both parties appeared and tried the case before the referee, and at no time made any objection to his hearing the matter, appellant is in no position to question the order ma(je< jn reSpect the case comes to us on error, and without objection to the court’s ruling in sending the case to a referee, there is nothing to present. Wies v. Morris Bros., 102 Iowa, 332. The objection does not go to the jurisdiction of the court or of the referee, for even a law action may be tried to a…
2Cases cited9 opinions
- Humphreys v. MattoonSupreme Court of Iowa · 1876
- Weis v. Morris Bros.Supreme Court of Iowa · 1897
- McGinnis v. HuntSupreme Court of Iowa · 1878
- Cole v. Charles City National BankSupreme Court of Iowa · 1901
- Nash v. StevensSupreme Court of Iowa · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Ogg v. RobbSupreme Court of Iowa · 1917
- McEwen v. FletcherSupreme Court of Iowa · 1914
- Mitchell v. BeckSupreme Court of Iowa · 1916