Roberts v. Morrison
Supreme Court of Iowa
Appeal from, Madison District Court. — TIon. O. B. Ayres, Judge. On the twenty-second day of November, 1886, the plaintiff filed his original petition, in which he demanded judgment against defendants Joshua and William Morrison for the amount of three promissory notes set out in the petition. Judgment was rendered against Joshua.
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Appeal from, Madison District Court. — TIon. O. B. Ayres, Judge. On the twenty-second day of November, 1886, the plaintiff filed his original petition, in which he demanded judgment against defendants Joshua and William Morrison for the amount of three promissory notes set out in the petition. Judgment was rendered against Joshua. On the sixteenth day of February, 1887, appellant filed his separate answer, in which he denied that he had executed the notes, and alleged that the several signatures thereto were not his genuine signatures. This answer was verified. May 4, 1887, plaintiff filed an…
1Opinion of the CourtRobinson, J.
1. Promisory notes: action on : misjoinder: no projudice. —I. The first question we are required to determine is the correctness of the ruling of the court on tim motion for leave to withdraw answer, and to strike. Counsel for appellant urge strenuously that the rulings permitted a misjoinder of causes of action, and that, notwithstanding the fact that the jury based their verdict on the notes, and not on the alleged fraud, yet the* latter was in issue, and the evidence given to establish it was of a nature to prejudice appellant. We do not find it necessary to consider this branch of the…
2Cases cited2 opinions
- State v. PierceSupreme Court of Iowa · 1884
- Dixon v. StewartSupreme Court of Iowa · 1871
3Cited by1 opinion
- State v. BartlettSupreme Court of Iowa · 1905