48 Iowa 296 | Iowa | 1878
I. R. B. Williby and five others brought separate actions in their own names, severally, against defendant.
We know of no reasons why the parties may not pursue this singular manner of settling their rights, in preference to the more regular manner, which ought to have been followed, by the plaintiff setting up his defenses in a cross-petition against defendant in the various actions brought by the subcontractors, for he was united as defendant in those actions, and by answers to their petitions. The plaintiff and defendant chose to litigate the difference between them, involving the amount earned by plaintiff under his contracts, in a law action tried as above shown. This action is brought here by appeal. It is to be regarded here, of course, in no other light than a law action, for it is nothing else.
III. Having determined this point, the case is disposed of in this court. There were no exceptions taken in the court, below to the judgment or any other rulings, and no errors are assigned in this court. No errors can be assigned, for they were not reserved by exceptions in the court below. We can. do nothing but affirm the judgment.
Affirmed.