Kemp v. Mabry

Decided October 7, 1893

Supreme Court of Iowa · decided 1893-10-07

— Hon. E. L. Burton, Judge. The plaintiff states as his cause of action that he placed in the hands of the defendant, an attorney at law, a certain promissory note for collection; that the defendant brought an action on said note, and pending said action, without authority so to do, settled said action, and received from the defendants therein five hundred and fifty dollars in full satisfaction of said note, that being a less amount than was then due upon said note; that the…

Affirmed · Decided 1893-10-07

Given, J.

¶1The questions involved in these issues are exclusively questions of fact. Under a familiar rule the findings of the district court on these questions have the force and effect of a verdict, and will not be set aside when there is evidence to sustain them.

¶2We have examined the evidence with care, and, while it is conflicting, we think it sustains the. findings of the court. It will serve no good purpose to here discuss the evidence. It is sufficient to say that our examination of it leads us to the conclusion that the judgment of the district court should be affirmed.