Bennett v. Carey
Supreme Court of Iowa
Appeal from Page Oireuit Oov/rt. The defendant in this proceeding brought an action in the circuit court against T. J. Warren, George W. Gunnison, and this plaintiff. The action was for an alleged breach of a written contract. Carey and Gunnison were the principals in the contract, and plaintiff was their guarantor.
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Appeal from Page Oireuit Oov/rt. The defendant in this proceeding brought an action in the circuit court against T. J. Warren, George W. Gunnison, and this plaintiff. The action was for an alleged breach of a written contract. Carey and Gunnison were the principals in the contract, and plaintiff was their guarantor. Gunnison made defense, and on the trial of the issue tendered by him there was a verdict and judgment in his favor, which was subsequently reversed in this court. Warren made no appearance, and judgment was rendered against him by default. Judgment was also rendered against this…
1Opinion of the CourtReed, J.
i new trial* trlafoMaots by jury.
I. Appellant assigns as error tbe action of the circuit court in submitting tbe grounds upon which a new trial was demanded to the jury, and in taking their verdict upon those questions. It was held by this court in Carpenter v. Brown, 50 Iowa, 451, that in a proceeding of this character the parties were not entitled to a trial by jury, but that the questions of fact involved should be determined by the court. But in the present case it is shown by the record that defendant demanded a jury trial. Having by that demand led the trial court into the error of…
2Cases cited2 opinions
- Carpenter v. BrownSupreme Court of Iowa · 1879
- Carey v. GunnisonSupreme Court of Iowa · 1885
3Cited by4 opinions
- Ettlinger v. . National Surety Co.New York Court of Appeals · 1917
- Wells v. Western Union Telegraph Co.Supreme Court of Iowa · 1909
- Brock v. Ellsworth State Savings BankSupreme Court of Iowa · 1922
- Taylor-Fichter Steel Construction Co. v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1939