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Barrett v. GarraganBarrett v. Garragan

Supreme Court of Iowa
Apr 14, 1864
Reporters:
Before:
Cole
Cole, J.

Only one question is properly presented for the consideration of this Court, and that is: Does the trans*49cript “show ‍​‌‌‌​​‌‌‌​‌​‌‌​‌​‌​​‌‌‌​‌​​‌​​​​‌​‌‌​‌‌​‌​​​​​‌​​‌​‌​‌‌‌​‌​‌‌​‌​​​‌‌​‌‌‌​‌‌‌‌​​​​‌‌​​​​​​‌‌​​‌​​‍that any judgment had been rendered against the defendant in favor of.the plaintiff?” Following the cases of Stowers v. Milledge et al., 1 Iowa, 150; and Taylor, Shipton & Co. v. Runyan & Brown, 3 Id., 474; we hold that it does. In the first of these cases, Wright, C. J., in ‍​‌‌‌​​‌‌‌​‌​‌‌​‌​‌​​‌‌‌​‌​​‌​​​​‌​‌‌​‌‌​‌​​​​​‌​​‌​‌​‌‌‌​‌​‌‌​‌​​​‌‌​‌‌‌​‌‌‌‌​​​​‌‌​​​​​​‌‌​​‌​​‍delivering the opinion of the Court, said: “we must look to the substance, and mere form becomes immaterial. Here there can be no reasonable doubt as to the parties or what was in dispute; and if we have the result ‍​‌‌‌​​‌‌‌​‌​‌‌​‌​‌​​‌‌‌​‌​​‌​​​​‌​‌‌​‌‌​‌​​​​​‌​​‌​‌​‌‌‌​‌​‌‌​‌​​​‌‌​‌‌‌​‌‌‌‌​​​​‌‌​​​​​​‌‌​​‌​​‍with sufficient certainty, it is all that is required.” In the latter case, it is stated that “ this Court has before held with reference to judgments rendered in this State, that no particular form of words is necessary, ‍​‌‌‌​​‌‌‌​‌​‌‌​‌​‌​​‌‌‌​‌​​‌​​​​‌​‌‌​‌‌​‌​​​​​‌​​‌​‌​‌‌‌​‌​‌‌​‌​​​‌‌​‌‌‌​‌‌‌‌​​​​‌‌​​​​​​‌‌​​‌​​‍and we are not inclined to apply a more stringent rule to the judgment of other States when-prosecuted in our courts.” In the transcript offered in evidence in this case, we have the time, place, parties, matter in dispute, and ‍​‌‌‌​​‌‌‌​‌​‌‌​‌​‌​​‌‌‌​‌​​‌​​​​‌​‌‌​‌‌​‌​​​​​‌​​‌​‌​‌‌‌​‌​‌‌​‌​​​‌‌​‌‌‌​‌‌‌‌​​​​‌‌​​​​​​‌‌​​‌​​‍the result, all so concisely and yet so clearly stated as to be unmistakable. See Ordinary v. McClure, 1 Bailey, 7.

The judgment is affirmed.

Case Details

Case Name: Barrett v. Garragan
Court Name: Supreme Court of Iowa
Date Published: Apr 14, 1864
Citation: 16 Iowa 47
Court Abbreviation: Iowa
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