Brandt v. Foster
Supreme Court of Iowa
Appeal from the Chiclcascm District Court. Suit on promissory note for one thousand dollars, due April 1st, 1855. Defendants -filed their answer at the June term, 1856, of the Chickasaw district court. A demurrer to this answer was sustained, and defendants had ninety days within which to file their amended answer.
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Appeal from the Chiclcascm District Court. Suit on promissory note for one thousand dollars, due April 1st, 1855. Defendants -filed their answer at the June term, 1856, of the Chickasaw district court. A demurrer to this answer was sustained, and defendants had ninety days within which to file their amended answer. At the November term succeeding, the amended answer having been filed, it appears from the record entry of the clerk, the parties appeared, and the cause proceeded to trial. The Court ordered the jury to be impannelled. Defendants moved to amend their answer, which was granted,…
1Opinion of the CourtStockton, J.
The record entries of the. clerk are somewhat confused, and do not show all the proceedings had in the district court. Erom one of the bills of exception, it appears that, “ the cause came on to be bear'd on the issue formed by the pleadings, and the jury having been sworn, plaintiff’s counsel stated his cause to the jury, and asked *290judgment- without producing, the original note. "Whereupon defendants, by parol, craved oyer of the note, which plaintiff failed to produce, and without producing any evidence, rested his case. The defendants then moved the court for a nonsuit; which motion the…
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