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12 Iowa 359

Weimer v. Linhard

Supreme Court of Iowa

Decided December 4, 1861

Supreme Court of Iowa · decided 1861-12-04

Parties met before the justice and had a contested trial. The justice’s transcript failed to show any formal denial of plaintiff’s claim, or that any pleadings oral or otherwise were filed or made by defendant. On appeal in the District Court, he was denied the right of introducing evidence, and the judgment below was affirmed for the amount of plaintiff’s claim with interest; a sum larger than that recovered before the justice. Defendant appeals.

Decided 1861-12-04

Wright, J.

¶1Following Heath v. Coltenback, 5 Iowa 490; Brock v. Manatt, Ib. 270; Hall v. Denise, 6 Ib. 534; Clark v. Barnes, 7 Ib. 6; Sannamon v. Milbourn, 4 G. Greene 309. This ruling was erroneous, and the cause is therefore reversed.

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