Danforth, Davis & Co. v. Carter
Supreme Court of Iowa
Appeal from the Dubuque District Courts This is an action against John 0. Carter and Samuel E. May, as surviving partners of the firm of A. W- Carter k Co., on -two promissory notes executed in the name of the copartnership — A. W. Carter having deceased before the commencement of the suit. May was conceded to be a partner. John 0. Carter denied that he was a member of the firm. Judgment was rendered for the plaintiffs. Both parties appeal.
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Appeal from the Dubuque District Courts This is an action against John 0. Carter and Samuel E. May, as surviving partners of the firm of A. W- Carter k Co., on -two promissory notes executed in the name of the copartnership — A. W. Carter having deceased before the commencement of the suit. May was conceded to be a partner. John 0. Carter denied that he was a member of the firm. Judgment was rendered for the plaintiffs. Both parties appeal. The facts necessary to an understanding of the cause, and the questions decided, are fully stated in the opinion of the court.
1Opinion of the CourtWoodward, J.
The cause was tried by the court, under section 1772 of the Code, and under section 1793, the decision of the court is given in writing, showing the facts found and the law adjudicated. It is upon this, the questions o£ the case principally arise.
*232The counsel, however, appear to regard the appeal as reaching, and bringing up for review, the finding of the court on the matters of fact. This may be admissible, regarding it as in the nature of a review of the verdict of a jury, upon a motion for a new trial. But in such case, all the evidence must be before this court. In the present cause, the…
2Cases cited3 opinions
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- Greenough, Cook & Co. v. SheldenSupreme Court of Iowa · 1859
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