36 Iowa 593 | Iowa | 1873
The refusal to give the first, and the giving of the last, were alike errors. By the terms of the contract between Spaulding and the county, and its performance, he became entitled, as owner, to the bond sued on, and the proceeds of the action upon it. His agreement to accept the piers and materials, and the sum of $1,200 on the 11th day of August following, in payment for the claim, operated, of necessity, to suspend his further right to prosecute the action till that time arrived, whatever might be his rights thereafter. The rule
As to the plaintiff’s appeal, the judgment must be affirmed. As to the defendants’ (sureties) appeal, it must be reversed. As against the defendant, Pitcher the judgment may be allowed to stand. The abstract contains forty pages of testimony. It is not prepared according to the rules of this court which require an abstract of the testimony in narrative form. The testimony in this case contains both questions and answers, and is full twice as long as it ought to be. Hereafter, no allowance whatever will be made for printing testimony in that form. In this case the clerk will tax the costs for printing twenty pages only of the testimony.
Reversed.