Legal Opinion

Davis & Atlee v. Card

Supreme Court of Iowa

Decided February 24, 1871PublishedCited by 1 opinion

Appeal from Lee District Court BILL OF EXCEPTIONS : CERTIFICATION OF EVIDENCE. Action to recover of defendant the amount of a subscription made by her to the stock of the Fort Madison, Farmington and Western Railway Company. Trial by the court; judgment for plaintiff, and defendant appeals.

1Opinion of the CourtMiller, J.

The defense in this case is two-fold. Hirst. That the defendant never executed the subscription sued on. Second. Coverture. The principal ground relied on in this court for a reversal of the judgment is, that under the evidence the defendant, admitted to be a married woman, is not liable on the contract. '

The evidence given in the court below is not abstracted under the rules of this court, but the bill of exceptions, which purports to contain “ substantially all the evidence introduced in the case,” is set out in full in the printed record.

Under the former decisions of this court we cannot…

2Cases cited4 opinions

  1. Jemmison v. GraySupreme Court of Iowa · 1870
  2. State v. LyonSupreme Court of Iowa · 1860
  3. McKenzie v. KitlerSupreme Court of Iowa · 1869
  4. Lea v. RoadsSupreme Court of Iowa · 1867

3Cited by1 opinion

  1. Faulkner v. MeyersNebraska Supreme Court · 1877

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