Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 9

Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 9

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 edition. Excerpt: ...and against him in his oflicial name. And such a writ must issue against Wm. C. Smith, the county judge, and John Turner and Elias Wallahan, (who were the justices of the peace called to act as canvassers, ) to all of whom the command of the peremptory writ extended, and they are to be dealt with according to law in such cases, until they obey the peremptory writ of mandamus. The judgment of the District Court is therefore reversed and a writ of procedendo will issue. CAMPBELL v. Roses. 1. Evnnmcn: CONCLUSIONS: ornuoss. The conclusions or opinion: of a witness, drawn from or based upon the language of a written instru Von. IX.---"2"2 ment, are not admissible, when such language has no peculiar meaning which would render it ambiguous, or unintelligible to those unacquainted with such meaning. 2. Satin. The general rule is, that the evidence of the witness must be confined to facts, from which the jury will, under the instructions of I the court, draw conclusions. 8. Sum: nxcsrnoss. When the matters in controversy partake of the nature of a science or trade, the opinions of experts are admissible in evidence. 4. Pnocussoar NOTE: mzrnnss. An equity arising in favor of the maker ' and against the payee of a promissory note, after the transfer of the note, cannot be interposed as I: defense in an action thereon by the in. dorsee. Appeal from Scott Dzlqtrict Court. Tnuasnar, Ocrosna 20. ACTION on a promissory note, dated March 5th, 1857, due in seven months, for $200, payable at the banking house of Nickols, Campbell 8: Co., to the order of N. Corrona, transferred before maturity to plaintiff, and containing these words: "and we also agree that the holder hereof may enforce, delay, or extend the payment of this note more

Product details

  • Paperback | 220 pages
  • 189 x 246 x 12mm | 399g
  • United States
  • English
  • black & white illustrations
  • 1236988469
  • 9781236988461