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1 Greene 157

Mackemer v. Benner

Supreme Court of Iowa

Decided January 15, 1848

Supreme Court of Iowa · decided 1848-01-15

Error, to Muscatine District Court. This was an action of assumpsit, commenced in the district court, on a promissory note. Judgment for the plaintiff. A full statement of the case, to understand the points decided, is not necessary.

Decided 1848-01-15

¶1Opinion by

Greene, J.

¶2There are several errors assigned in this case; but those of a material character are not disclosed by the transcript of the record. It has often been decided by this court, that no error can be assumed from mere omission or defect in the transcript; that it must appear affirmatively of record. Unless it does so appear the presumption of law-is, that the proceedings in the court below were legal and proper.

¶3•Nor will wo disturb the judgment of the district court for light and trivial causes, not affecting the rights of parties, nor materially disturbing established rules of practice, as recognized by this court.

¶4Judgment affirmed.

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