Porter v. McKinzie
Supreme Court of Iowa
Appeal from Dubuque District Court. Statute op limitations: construction op section 2742 op the revision, &o. — Plaintiff sues to recover on an account for dental services. The action was commenced May 1,1862. The first item in the account is dated April 16, 1852; the last but one November 18,1856, and the last item is as follows: “ June 26, 1857,. to extracting tooth for wife’s sister, 50c.” Answer. — 1st. In denial. 2d. Statute of limitations.
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Appeal from Dubuque District Court. Statute op limitations: construction op section 2742 op the revision, &o. — Plaintiff sues to recover on an account for dental services. The action was commenced May 1,1862. The first item in the account is dated April 16, 1852; the last but one November 18,1856, and the last item is as follows: “ June 26, 1857,. to extracting tooth for wife’s sister, 50c.” Answer. — 1st. In denial. 2d. Statute of limitations. All of the items except the last were over five years standing when suit was commenced. The defendant denied that he ever authorized the last charge.…
1Opinion of the CourtDillon, J.
i. statute evidence' ouietendThe charge of the court, respecting the liability of the defendant for the last charge in the account was not excepted to. This part of the case we pass without further notice, except to say that the ev-¡¿{ence-was s0 conflicting, as not. to justify us in deciding that the District Court erred in refusing a new trial, on the ground that the verdict was against the testimony.
The verdict must therefore stand unless there was error in the instructions of the court. Among others the court gave to the jury the following instruction :
“ The statute of limitations against…
2Cases cited1 opinion
- Auter v. MillerSupreme Court of Iowa · 1865
3Cited by2 opinions
- Robey & Robey v. KnowltonSupreme Court of Iowa · 1867
- Stewart v. McMillanSupreme Court of Iowa · 1872