Barnes v. McDaniels
Supreme Court of Iowa
Appeal from Zomsa District Oowrt. Action by tbe plaintiff as assignee of a subscription to tbe stock of a railroad company, made by tbe defendant to recover an alleged balance due thereon. The defendant, by his answer, set up matter in avoidance of plaintiff’s claim, and also affirmative matter by way of set-off. A trial to a jury resulted in a verdict for defendant, which wa,s set aside by the court. The defendant appeals.
1Opinion of the CourtCole, J.
At the close of the trial, the court instructed the jury, among other things, that the claims for damages, set up as a set-off by the defendant in his answer, were not denied, and that they were, therefore, to be taken as true. After the jury returned a verdict for the defendant, the counsel for the plaintiff each made affidavit, in substance, that they had prepared a reply in denial of the defendant’s claims for damages and set-off as alleged in his answer, and had, before the commencement of the trial, laid the same on the clerk’s desk for filing and called his attention to it, and they…
2Cases cited1 opinion
- Newell v. SanfordSupreme Court of Iowa · 1860