Legal Opinion

Cook v. Walters

Supreme Court of Iowa

Decided July 1, 1856PublishedCited by 11 opinions

Appeal from the Marion District Court. The- plaintiffs brought this action to recover damages, su&tained by the failure of defendant to furnish a quantify of corn, and perform other parts of a certain contract in writing, which is set out in the pleadings. Judgment was rendered in their favor.' Defendant appeals, and the material facts of the case will sufficiently appear from the opinion of the court.

1Opinion of the Court

Wright, 0. J.

Various errors are assigned in this case, but they may be appropriately, considered under two heads:

'First. Did the court err in rejecting defendant’s evidence, in refusing to permit his counsel to address the jury, and in refusing the instructions asked by him ?

Second. Was there error in receiving the verdict of the jury, under the circumstances disclosed in the record ?

These questions we shall proceed to dispose of as briefly as possible, in the order presented. The defendant failed to answer the plaintiff’s petition, and when the cause went to the jury, was in default. He…

2Cases cited3 opinions

  1. Ex parte HillNew York Supreme Court · 1824
  2. Horton v. HortonNew York Supreme Court · 1824
  3. Harrison v. RowanU.S. Circuit Court for the District of New Jersey · 1820

3Cited by11 opinions

  1. Brandt v. FosterSupreme Court of Iowa · 1857
  2. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MonaghanIllinois Supreme Court · 1892
  3. First National Bank v. Black Hills Fair Ass'nSouth Dakota Supreme Court · 1891
  4. Free v. Western Union Telegraph Co.Supreme Court of Iowa · 1907
  5. Carleton v. ByingtonSupreme Court of Iowa · 1864

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