Harper v. Kurtz
Supreme Court of Iowa
Appeal from Polh District Court. — W. S. Ayres, Judge. Action by plaintiffs, a partnership, to recover advancements alleged to bave been made by plaintiffs for tbe defendant as a customer, in the purchase of grain on the Chicago board of trade. The amount claimed was $4,100. There was a verdict for the plaintiffs. Upon defendant’s motion, a new trial was ordered. From such order the plaintiffs have appealed.
1DissentSalinger, J.
The majority opinion indicates some trend to affirm this appeal because of defects in presentation. Considerable stress is laid on what is termed the assignments of error, and some little stress on what is “argued.” It was settled in Jahr v. Steffen, 187 Iowa 168, that the form of the assignment of error, so called, is of so little importance that review may be had when it is entirely absent. It was settled before that that whatever is the “brief point” controls on review. The brief points do make two complaints clear, or perhaps it is inore accurate to say one complaint, and a subordinate…
2Cases cited10 opinions
- Shepherd v. BrentonSupreme Court of Iowa · 1863
- Stewart v. EwbankSupreme Court of Iowa · 1856
- Clifford v. Denver, S. P. & P. R.Supreme Court of Colorado · 1888
- Riley v. MonohanSupreme Court of Iowa · 1868
- Jahr v. SteffenSupreme Court of Iowa · 1919
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