Weimer v. Linhard 12 Iowa 359

Weimer v. Linhard.

1. Pleadings in justice’s coukt. Where, on an appeal from the judgment of a justice of the peace, the record disclosed that the trial ivas contested below, hut failed to show that any pleadings, oral oí otherwise, were filed or made by defendant, it was held, that the District. Court erred in refusing to permit defendant to introduce evidence on the trial of the appeal.

Appeal from Lee District Court.

Wednesday, December 4.

Parties met before the justice and had a contested trial. The justice’s transcript failed to show any formal denial of plaintiff’s claim, or that any pleadings oral or otherwise were filed or made by defendant. On appeal in the District Court, he was denied the right of introducing evidence, and the judgment below was affirmed for the amount of plaintiff’s claim with interest; a sum larger than that recovered before the justice. Defendant appeals.

F. Semple for the appellant.

*360D. F. Miller for the appellee.