Farley, Norris & Co. v. Budd
Supreme Court of Iowa
Appeal from Linn District Court. An action on promissory notes executed by E. E. Budd for “E. B. Budd, M. B. Warner, Carl Cook and Andrew C. Dill, a firm doing business under the name and style of E. E. Budd.” Trial and judgment for the plaintiffs. The record shows that on the day the verdict was returned into Court, a motion to set the same aside was filed.
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Appeal from Linn District Court. An action on promissory notes executed by E. E. Budd for “E. B. Budd, M. B. Warner, Carl Cook and Andrew C. Dill, a firm doing business under the name and style of E. E. Budd.” Trial and judgment for the plaintiffs. The record shows that on the day the verdict was returned into Court, a motion to set the same aside was filed. No farther proceedings were had in the case until the following term, when the motion was sustained for reasons stated in the opinion of the Court. A motion for judgment on the verdict sustained by affidavits, showing that the motion to…
1Opinion of the CourtLowe, J.
The record presents two questions, raised under the following circumstances. The plaintiffs obtained a verdict against the defendants, as partners, on certain notes sued on Friday the first day of June, 1860, purporting to be executed by E. R. Budd, alone, after which the Court adjourned till next morning, but failed to convene pursuant to adjournment, and sent an order to the clerk to adjourn sine die, which was accordingly done, Saturday morning.
At the next regular term, in October following, the plaintiffs moved the Court to enter a judgment upon the verdict, and also to strike from the…
2Cases cited1 opinion
- Savery v. BusickSupreme Court of Iowa · 1861
3Cited by7 opinions
- Maynes v. BrockwaySupreme Court of Iowa · 1881
- Myers v. FearSupreme Court of Oklahoma · 1908
- Kundred v. BitlerIndiana Court of Appeals · 1931
- Musser v. MaynardSupreme Court of Iowa · 1882
- Sloss v. BaileySupreme Court of Iowa · 1898
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