McDermott v. Hacker
Supreme Court of Iowa
Appeal from Black Hawk District Court. — HoN. A. S-Blair, Judge. This action is by Mary McDermott against J. Hacker & Co., and J. ITacker and James McDermott, the persons composing said firm. Plaintiff seeks to' recover two' thousand dollars, with interest, on a promissory note executed to plaintiff for money borrowed by James McDermott, signing thereto the firm name of “J. Hacker & Co1.” N> defense is made by James McDermott.
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Appeal from Black Hawk District Court. — HoN. A. S-Blair, Judge. This action is by Mary McDermott against J. Hacker & Co., and J. ITacker and James McDermott, the persons composing said firm. Plaintiff seeks to' recover two' thousand dollars, with interest, on a promissory note executed to plaintiff for money borrowed by James McDermott, signing thereto the firm name of “J. Hacker & Co1.” N> defense is made by James McDermott. J. Hacker & Co. and J. Hacker answered, in substance, as follows: They deny that J. Hacker & Co. executed said note, and deny that they are indebted thereon. They aver…
1Opinion of the CourtGiven, J.
I. November 19, 1898, appellees filed their motion to dismiss and affirm, on the ground that appellant’s abstract was not filed within the time required by section 4120 of the Code and rule 28 of the rules of practice. This appeal was taken under the Code of 1873, having been perfected July 22, 1896, which was in time for the October term, 1896, and yet no abstract was filed until April 1, *2411898, and no argument until October 3, 1898. Whether the present Code and rules, or the Code of 1873, be held to apply, appellant’s abstract was not filed in time. It should have been filed for October…
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