Hale & Bro. v. Gibbs
Supreme Court of Iowa
Appeal from Mahaska Circuit Court. Action upon an account for household furniture purchased by defendant from plaintiffs. There was a verdict and judgment for plaintiffs; defendant appeals. The facts of the case involved in the questions of law ruled upon appear in the opinion. An answer in a deposition not responsive to a question may be excluded.
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Appeal from Mahaska Circuit Court. Action upon an account for household furniture purchased by defendant from plaintiffs. There was a verdict and judgment for plaintiffs; defendant appeals. The facts of the case involved in the questions of law ruled upon appear in the opinion. An answer in a deposition not responsive to a question may be excluded. (Hendricks v. Wallis, 7 Iowa, 226.) A general usage once established within two years of the transaction in issue, would put upon plaintiffs the burden of showing a change in the usage. (Seales v. Key, 11 Ad. & Ellis, 819.) The defendant, having…
1Opinion of the CourtBeck, J.
I. The appellees, claiming that the abstract of appellant is incomplete and defective, filed an amended abstract, which appellant has moved to strike from the files upon several grounds set out in the motion. "We will not pass upon the motion for this reason: The amended abstract is intended to show that defendant did not, within the proper time, take such exceptions to the instructions of the court to the jury, and the rulings upon instructions refused, as to authorize him to make objections thereto in this court. In our opinion the abstract of defendant shows the very thing intended to be…
2Cases cited2 opinions
- Pelamourges v. ClarkSupreme Court of Iowa · 1859
- Wheeler v. SmithSupreme Court of Iowa · 1862
3Cited by13 opinions
- Scherer v. EverestCourt of Appeals for the Eighth Circuit · 1909
- Citizens' Bank v. RhutaselSupreme Court of Iowa · 1885
- Chicago College of Osteopathy v. LittlejohnMichigan Supreme Court · 1926
- Ludwig v. BlackshereSupreme Court of Iowa · 1897
- Ulrich v. McConaugheyNebraska Supreme Court · 1901
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