Bauder v. Hinckley
Supreme Court of Iowa
Appeal from QU/wton District Oowrt. Action upon an account. In 1875, the firm of Wallbaum, Bridges & Oo. did certain work in constructing the Chicago, Clinton & Western Railroad. This action is brought by the plaintiff as the alleged assignee of the account for such work, and against the defendant, Hinckley, upon an alleged promise to pay for the same.
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Appeal from QU/wton District Oowrt. Action upon an account. In 1875, the firm of Wallbaum, Bridges & Oo. did certain work in constructing the Chicago, Clinton & Western Railroad. This action is brought by the plaintiff as the alleged assignee of the account for such work, and against the defendant, Hinckley, upon an alleged promise to pay for the same. The case was referred to the Hon, John N. Rogers, who found and reported that there was due the plaintiff’, from the defendant, the sum of $17,440.94, with interest thereon at six per cent per annum from October 7, 1876. Afterwards the…
1Opinion of the CourtAdams, J.
The defendant did not except to the report of the referee, but simply excepted to the judgment of the court. The plaintiff insists that the case, being in this condition, presents nothing for our review. We can conceive of a case where the complaint might be that the judgment was wrong, even if the report was correct. The error thus made would be reviewable upon exception to the judgment. But the errors. assigned are not of that character. If the errors *186assigned were made, they originated with the referee. The question presented then is whether, in a case where a report of a referee has been…
2Cases cited3 opinions
- Edwards & Beardsley v. Cottrell & BabcockSupreme Court of Iowa · 1876
- Roberts v. CassSupreme Court of Iowa · 1869
- Washington County v. JonesSupreme Court of Iowa · 1876
3Cited by4 opinions
- Feister v. KentSupreme Court of Iowa · 1894
- Matter of Estate of WillisSupreme Court of Iowa · 1988
- Bolton v. KitsmanSupreme Court of Iowa · 1890
- In re Estate of MalvinSupreme Court of Iowa · 1894