McKivitt v. Cone
Supreme Court of Iowa
Appeal from, Muscatine Circuit Court. Action upon a promissory note, and an account of forty-one items for work and labor, etc., and damages done by animals trespassing upon crops raised by plaintiff on shares upon land leased of defendant. Answer, denial, set-off, and that the lease provided that landlord and tenant should each assume the risk of damages from trespassing animals to his respective share of crops. Trial by jury.
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Appeal from, Muscatine Circuit Court. Action upon a promissory note, and an account of forty-one items for work and labor, etc., and damages done by animals trespassing upon crops raised by plaintiff on shares upon land leased of defendant. Answer, denial, set-off, and that the lease provided that landlord and tenant should each assume the risk of damages from trespassing animals to his respective share of crops. Trial by jury. Verdict and judgment for plaintiff for $417.63 Defendant appeals. The material facts are stated in the opinion.
1Opinion of the CourtDay, J.
l. Evidence : cross-examination. I. Upon the trial of the cause the plaintiff as a witness in his own behalf,' for the purpose of refreshing his memory, referred to a book in which he % , , ,,, stated he had entered a part, but not all the items charged in his account. On cross-examination plaintiff gave at length the character and kind of work, dates, etc., from the book. Counsel for defendant then asked plaintiff whether item forty-one and divers other items of his account, were found in said book. To this the counsel *449for plaintiff objected, unless tbe defendant proposed to offer the book…
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- State v. MagersOregon Supreme Court · 1899
- Jettre v. HealySupreme Court of Iowa · 1953
- Barnard v. Cedar Rapids City Cab Co.Supreme Court of Iowa · 1965
- State v. BillbergSupreme Court of Iowa · 1941
- Morris v. United StatesCourt of Appeals for the Fifth Circuit · 1906
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