1 Iowa 471 | Iowa | 1855
This record presents a novel case. Plaintiff sued for. five dollars, the value of a stove, before a justice; judgment in bis favor, and defendant appealed. In the District Court, the cause was submitted to the judge; the evidence was so vague and indefinite, that he ordered it to b.e submitted, on a retrial, to a jury. The jury disagreed.
This we cannot do, for the following, among other reasons :
First, It is tbe duty of the party appealing, to satisfy us affirmatively that there is error, and to his prejudice, before we will reverse. We can see no principle of law that was violated in this proceeding, and we will not presume any.
Second. We cannot treat tbe paper referred to, as a statement of tbe facts found, but as a bill of exceptions. As such, tbe record does not profess to disclose tbe whole evidence, and in such case, we will presume there was sufficient to justify tbe finding.
Third. The legal presumption being, that where a party contracts, he binds himself personally, unless it is shown affirmatively that he acted and promised for a principal, in a case that appears to have been so evenly balanced as this, as to the capacity in which they did contract, we should give the plaintiff the benefit of this presumption.
Judgment affirmed.