Carson v. Cross
Supreme Court of Iowa
Appeal from Iowa District Court. Action before a Justice of the Peace, and judgment for the plaintiff. The defendant appealed to the District Court, where the cause was tried before a referee, who found for the plaintiff in a sum less than the judgment of the justice.
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Appeal from Iowa District Court. Action before a Justice of the Peace, and judgment for the plaintiff. The defendant appealed to the District Court, where the cause was tried before a referee, who found for the plaintiff in a sum less than the judgment of the justice. The plaintiff moved the court to set aside the report of the referee for the reasons: 1. That the finding was against the law and evidence: 2. Because of newly discovered evidence which would render a different finding certain. This motion was overruled and the plaintiff appeals.
1Opinion of the CourtWright, J.
Plaintiff appeals, and assigns for error the action of the District Court in adopting the report of the referee appointed to hear and determine all matters involved in a case of mutual accounts. First, it is claimed that the finding of the referee was against the evidence: the testimony, however, instead of being conclusive against the finding, decidedly preponderates in favor of it. And, therefore, treating the finding as a special verdict, we have no right to set it aside.
*464The second point is, that plaintiff showed that he had, since the hearing, discovered testimony which was material and…
2Cited by7 opinions
- Hines v. DriverIndiana Supreme Court · 1885
- Gaines v. WhiteSouth Dakota Supreme Court · 1891
- Darrance v. PrestonSupreme Court of Iowa · 1865
- Scott v. HawkSupreme Court of Iowa · 1898
- Cohol v. AllenSupreme Court of Iowa · 1873
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