20 Iowa 474 | Iowa | 1866
Three objections are urged against this judgment:
In our opinion the notary’s statement should have been received, and with its aid there was no such irregularity as to vitiate the proceedings. Mere clerical defects working no prejudice should not invalidate such proceeding any more than the verdict of a jury. And a court should receive and let in the truth, when it comes from a copipetent source, to correct an apparent defect, rather than reject
It was held in Fink v. Fink, 8 Iowa, 313, that parties might, by agreement, and without any order of court, submit any and all matters involved in any suit then pending between them. This ruling would seem to be decisive of the present question. The effect of a submission under an order of court, and one without such order, is pointed out in the case cited, and to it we need not refer at length. Whether, under the language of this submission, the first order confirming the award for $171 was not correct, we need not decide, as the plaintiff voluntarily abandoned it, and only insists upon the $100, the amount originally claimed before the justice. If correct, defendant is not prejudiced, as the present judgment is more favorable than, upon that hypothesis, should have been rendered.
Affirmed.