9 Iowa 301 | Iowa | 1859
In a suit before a justice of the peace, the plaintiff recovered judgment against the defendant, Ellis, for the sum of fifty-seven dollars and ninety cents, for money due on a book account. On a writ of error to the District Court, the defendant assigned for error, First, The refusal of the court to grant an adjournment of the cause at the request of defendant. Second, The overruling defendant’s motion to nonsuit the plaintiff. Third, The allowing the plaintiff to introduce his book of original entries to prove Ms account. Fourth, In refusing leave to defendant to introduce his book of original entries. On the hearing in the District Court, the errors assigned were sustained, the judgment of the justice reversed, and the cause remanded for a new trial. From this judgment the plaintiff, Lord, appeals.
The only return that appears to the writ of error, is a certified transcript of the proceedings in the cause on the trial before the justice, and taken from his docket. It does not appear from the return that the defendant made any application to the justice to adjourn the trial of the cause. The defendant moved for a nonsuit for the alleged insufficiency of the copy of the original notice. The motion was overruled by the justice. Neither the original notice nor the copy is embodied in the record sent up by the justice, and it is impossible for us, as it was for the District Court, to say that the justice erred in overruling the motion.
The transcript of the justice shows that the plaintiff was
Wherefore we are of opinion that the District Court erred in reversing the judgment of the justice. The judgment of the District Court is reversed, and the cause remanded with direction to affirm the judgment of the justice.
Judgment reversed.