Goring v. Fitzgerald
Supreme Court of Iowa
Appeal from Floyd District Court. — Hon. J. F. Clyde, Judge. The petition of plaintiff sets out a cause of action as follows: In April, 1889, there stood against plaintiff on the records of the court in Floyd county, a judgment in favor of the Hawkeye Insurance Company for about the amount of sixty dollars, and also a judgment in favor of the Floyd County Savings Bank for an amount approximating two hundred dollars.
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Appeal from Floyd District Court. — Hon. J. F. Clyde, Judge. The petition of plaintiff sets out a cause of action as follows: In April, 1889, there stood against plaintiff on the records of the court in Floyd county, a judgment in favor of the Hawkeye Insurance Company for about the amount of sixty dollars, and also a judgment in favor of the Floyd County Savings Bank for an amount approximating two hundred dollars. That at this time the 'defendant claimed he was the attorney for the Hawkeye Insurance Company, and that he had purchased, and owned, the bank judgment, and by these means induced…
1Opinion of the CourtWaterman, J.
1 — Appellee object® to a consideration of the case here because he says, first, that the evidence is not properly identified. We see no merit in this objection. Next lie claims that the judge’s certificate does not state that all the evidence offered is in the record. This might be admitted without its affording any basis for the claim that the appeal shall not be heard on its merits. We are asked to pass on the court’s action in taking the case from the jury. In doing this, we .are called upon to consider only the evidence that was received, and this is properly before us.
2 I. Plaintiff…
2Cases cited1 opinion
- Joy v. BitzerSupreme Court of Iowa · 1889
3Cited by8 opinions
- In Re Estate of FerrisSupreme Court of Iowa · 1944
- Conklin v. TowneSupreme Court of Iowa · 1927
- Scott v. St. Louis, Kansas & Northwestern Railway Co.Supreme Court of Iowa · 1900
- Ritter v. SchultzSupreme Court of Iowa · 1930
- Jefferies v. Fraternal Bankers' Reserve SocietySupreme Court of Iowa · 1907
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