87 Iowa 324 | Iowa | 1893
About the first day of March, 1884, the plaintiff and her husband, Joel Burnett, under a verbal agreement with the .defendant, moved into a farmhouse which he owned, and remained there until December, 1887. During that time the plaintiff and her husband furnished board to the defendant and to some of his workmen. There is conflict in the evidence in regard to the terms of the agreement, but-a fair preponderance of the evidence shows that it was as follows: The plaintiff and her husband were to have the use of the house, excepting one room, which was reserved and occupied by the defendant, and the use of a garden. They were to board the defendant; do his washing and mending, and keep his rooms in order. He was to furnish one-third of the provisions required for three persons, and was to pay the value of whatever labor, in addition to that specified, was performed for him, and for the board of his workmen. That agreement was originally for one year or less, but was, in effect, continued until the plaintiff and her husband left the farm. The husband performed some labor for
The decree contained a statement as follows: “The evidence was all reduced to writing by the shorthand reporter of this court taking same in shorthand, which was ordered filed, and made a part of the record.” Section 2742 of the Code, as amended, requires that, in order to secure a trial de novo in this court, all the evidence offered in the trial court “shall be certified by the judge.” It does not prescribe the manner of certification, and ordinarily it is found most convenient, as well as safest, to attach the certificate to the shorthand reporter’s notes, to his translation of the notes, or to the evidence itself, but that is not essential to give effect to the certificate. If it clearly identifies the evidence, so that there can be no mistake as to what is intended, it is sufficient. Jamison v. Weaver, ante, p. 72. In this case the decree does not recite that the shorthand report was on file, but it states that all the evidence had been reduced to writing by the shorthand reporter, and that the report had been considered, filed, and made a part of the record. It would have been according to the fact, and more explicit and regular, had the decree referred to the report as then on file, but the omission to do so was not fatal. It is a common practice to preserve the evidence in a case by means of a skeleton bill of exceptions, which contains- directions to the clerk to insert in places designated copies of papers, which are fully described, but whicli are not in his office at the time. This is especially true of the translation of the shorthand reporter’s notes, which is seldom in existence when the skeleton bill is signed and
IV. There is much conflict in the evidence in regard to the various items which make the respective claims of the parties to this action, but the facts which may fairly be regarded as established are substantially as follows: The husband of the plaintiff worked for the defendant five and one half months at the agreed price of twenty dollars per month. In addition, he performed for the defendant one hundred and twenty-seven days’ labor, of the value of one dollar and twenty-five cents per day. When the plaintiff and her husband commenced boarding and working for the defendant they furnished provisions of the value of about fifty dollars. One cow owned by the Burnetts and several cows owned.by the defendant were milked, and milk was used and butter was made. Some of the milk and butter was used by the family, and the remainder of the butter was sold for supplies of various kinds for the table. Part of the milking and the work of making butter was done by the Burnetts. Poultry was raised, and eggs which it supplied were used by the family, and sold, and some of the poultry was sold. The defendant had a part of the proceeds of sales of butter and poultry, but they were chiefly used in purchasing supplies for the table. The defendant fur
We should not be justified in setting out the items for which credit is asked, and the testimony in regard to them, in detail. It is sufficient to say that some of the charges made by the defendant are wholly unjust, some are excessive, and some are not proved.
The plaintiff has shown herself entitled to credits of two hundred and sixty-eight dollars and seventy-five cents for the labor of her husband, and four hundred and eighty-one dollars and ninety cents at a .fair estimate for board furnished, or to a total of seven hundred
The judgment of the district court is affirmed.