Williamson v. Miller
Supreme Court of Iowa
Appeal from, Bvnggold Gireuit Gourt. Action on promissory notes. The defendants pleaded a counter-claim and stated one of them had leased a farm of the plaintiff and the latter had bound himself to “ put the fences on said farm in good repair;” that he had failed to do so, Avhereby the defendants had been damaged in the destruction of the crops by stock.
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Appeal from, Bvnggold Gireuit Gourt. Action on promissory notes. The defendants pleaded a counter-claim and stated one of them had leased a farm of the plaintiff and the latter had bound himself to “ put the fences on said farm in good repair;” that he had failed to do so, Avhereby the defendants had been damaged in the destruction of the crops by stock. In a reply, the plaintiff stated the defendants had failed to comply with the conditions of the lease, and had plowed up plaintiff’s hedge, whereby he had been damaged. Trial by jury; verdict and judgment for defendants, and plaintiff appeals.
1Opinion of the CourtSeevers, J.
— I. This action was commenced in the District Court and there tried. A motion for a new trial was filed in said court. At this time the court, on its own motion, transferred the cause to the Circuit Court because the judge of the District Court had been consulted by both parties before his election. To this the plaintiff excepted, but does not insist thereon in his argument. The error, if it be *87one, must, therefore, be deemed to have been waived. The motion for a new trial was overruled by the Circuit Court, and judgment rendered on the verdict. The reply seems to have been treated by the…
2Cited by2 opinions
- Robinson v. WilsonWashington Supreme Court · 1918
- Courtland Building Co. v. BlumenthalOhio Superior Court, Cincinnati · 1920