Campbell v. Campbell
Supreme Court of Iowa
Appeal from Hardin District Gourt. — Hon. S. M. Weaver, and Hon. J. E. Whitaker, Judges. Action on ,a written instrument to recover money due thereunder. Defense, payment and the statute of limitations. Trial and judgment for the plaintiff, from which the defendant appealed. After the appeal was taken the plaintiff procured a correction of the record in the district court, from which an appeal was also taken.
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Appeal from Hardin District Gourt. — Hon. S. M. Weaver, and Hon. J. E. Whitaker, Judges. Action on ,a written instrument to recover money due thereunder. Defense, payment and the statute of limitations. Trial and judgment for the plaintiff, from which the defendant appealed. After the appeal was taken the plaintiff procured a correction of the record in the district court, from which an appeal was also taken. Both appeals are herein determined upon the request of the appellant.
1Opinion of the CourtSherwin, J.
1 of mistake'm The reporter’s shorthand notes of the trial made it appear that the plaintiff, when a witness in his own behalf, had testified that the obligation sued upon was paid. This does not seem to have been discovered by either party until after a transcript of such evidence had been made, and after such discovery by the appellee the record was corrected. We are well satisfied that the facts justified the correction; for, if such a solemn admission on the witness stand had been made, it would hardly have been overlooked by counsel on both sides and by the judge who tried the case, and,…
2Cases cited4 opinions
- First National Bank of Sigourney v. WoodmanSupreme Court of Iowa · 1895
- Long v. ValleauSupreme Court of Iowa · 1893
- Graves v. ClarkSupreme Court of Iowa · 1897
- Stiles & Winter v. Estate of BotkinSupreme Court of Iowa · 1870
3Cited by3 opinions
- Kleis v. McGrathSupreme Court of Iowa · 1905
- Koht v. DeanSupreme Court of Iowa · 1935
- Will v. MarkerSupreme Court of Iowa · 1904