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Bailey v. Anderson

Bailey v. Anderson, 16 N.W. 134 (Iowa 1883)
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Court
Supreme Court of Iowa · State Highest Courts
Decided
June 13, 1883
Judges
Beck
Citations
16 N.W. 13461 Iowa 749
Headnotes
.Exceptions taken too late: defective record: judgment affirmed.
Summary
Appeal from Taylor Circuit Court. Action upon a promissory note. There was a verdict and judgment for defendants. Plaintiff appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Beck

Text extracted by OCR from a scanned original; check the original for exact wording.

Beck, J.

— I. The pleadings in this case raise various issues involving the negotiability of the note sued on, the failure of consideration, alteration ofi the instrument, and fraud in procuring its execution, and the like. The assignment of errors assails the ruling of the court in giving and refusing instructions and in overruling a motion for a new trial. Objections to rulings upon the admission of evidence are made neither in the assignment of errors nor in the argument.

II. The abstract upon which the case is submitted fails to show execeptions taken to the rulings upon instructions either at the term they were given or upon the motion for a new trial as prescribed by Code, section 2789. The exceptions were taken in the bill of exceptions, which was allowed and signed about thirty days after the trial. We cannot review the instruction given or refused upon the exceptions taken after the time prescribed in the statute.

III. The plaintiff insists that the verdict is not sustained by the evidence. But he fails to present all the evidence in his abstract. The defendants have liberally set up in an amended abstract what they say is all the evidence. But we think that this evidence found in the two abstracts, if we are to regard it as all the evidence in the case, sufficiently supports the verdict, or at least the verdict is not so in conflict with it that we are required to interfere.

IT. ■ Two instructions given by the court to the jury were afterwards withdrawn on the ground that there was no evidence to which they were applicable. To this ruling exceptions were taken in due time. We discover no error in the ruling, as we fail to find evidence in the abstract upon which the instructions were properly based.

The judgment of the district court must be

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1885–1886: 11889–1890: 11897–1898: 11919–1920: 118852026peak 1885 · 1

Relies on it most ⓘ

  1. Haman v. Preston186 Iowa 1292 (1919)
  2. Turley v. Griffin76 N.W. 660 (Iowa 1898)
  3. Bush v. Nichols41 N.W. 608 (Iowa 1889)
  4. Maxon v. Chicago, Milwaukee & St. Paul R'y Co.25 N.W. 144 (Iowa 1885)

Most recent

  1. Haman v. Preston186 Iowa 1292 (1919)
  2. Turley v. Griffin76 N.W. 660 (Iowa 1898)
  3. Bush v. Nichols41 N.W. 608 (Iowa 1889)
  4. Maxon v. Chicago, Milwaukee & St. Paul R'y Co.25 N.W. 144 (Iowa 1885)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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