Lœber v. Delahaye & Co.
Supreme Court of Iowa
Appeal from the Des Moines District Court. Action upon a promissory note, by the assignee, against the maker and assignors, commenced before a justice, and appealed-by defendants to the district court. Defendants appeared before the magistrate, but made no defense. In the district court, they asked certain instructions, as to the duty of plaintiff to present the note for payment, and upon the subject of protest and notice of non-payment.
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Appeal from the Des Moines District Court. Action upon a promissory note, by the assignee, against the maker and assignors, commenced before a justice, and appealed-by defendants to the district court. Defendants appeared before the magistrate, but made no defense. In the district court, they asked certain instructions, as to the duty of plaintiff to present the note for payment, and upon the subject of protest and notice of non-payment. These instructions were given, but the jury wore told, that as defendants had not in their pleadings, set up a want of notice, they could not take advantage…
1Opinion of the Court
Wright, C. J,
Defendants were in default before the justice, and, in the district court, took no steps to set aside this default, by asking leave to plead, or otherwise; nor did they, at any stage of the proceedings, answer the plaintiff s cause of action. Deing thus in default, they were in no position to ask instructions. All they could do, was to cross-examine the witnesses of plaintiff, at tlié time of the assessment of damages. Code, section 1831; Cook & *479Owsley v. Walters, 4 Iowa, 72. We do not stop, therefore, to inquire into the correctness of the instructions, for the defendants are in…
2Cases cited1 opinion
- Cook v. WaltersSupreme Court of Iowa · 1856
3Cited by2 opinions
- Free v. Western Union Telegraph Co.Supreme Court of Iowa · 1907
- McLott ex rel. Marvin v. SaverySupreme Court of Iowa · 1860