Winelander & Co. v. Jones
Decision Date | 14 May 1889 |
Citation | 42 N.W. 333,77 Iowa 401 |
Parties | WINELANDER & CO. v. JONES |
Court | Iowa Supreme Court |
Decided May, 1889.
Appeal from Keokuk Superior Court.--HON. HENRY BANK, JR., Judge.
THIS is an action to recover the price of a bill of umbrellas sold by plaintiffs to defendant. The cause was tried to the court and judgment rendered in favor of defendant. The plaintiffs appeal.
REVERSED.
W. J Roberts, for appellants.
W. B Collins, for appellee.
The amount in controversy not exceeding one hundred dollars, the trial judge certified to this court questions for its determination, in language as follows:
I. The first question we are required to determine is the sufficiency of the certificate to give this court jurisdiction of the cause. It is insisted by appellee that the certificate is not sufficient, because it shows that there was a conflict in the evidence, and is a certificate of the conclusion of the court as to the facts found. The position of appellee would be well taken if the certificate required us to examine and determine the effect of the evidence. Chilton v. Railway Co., 72 Iowa 689; Riddle v. Fletcher, 72 Iowa 454, 34 N.W. 290; Hudson v. Railway Co., 59 Iowa 581. But it does not require that at our hands. It recites the ultimate facts which the evidence established, and upon which the questions certified depend. The accuracy and completeness of the statement of facts is not questioned. Ordinarily, where the facts are admitted, their effect is a matter of law, to be determined by the court. McLaury v. City of McGregor, 54 Iowa 717, 7 N.W. 91; Hirshhorn v Stewart, 49 Iowa 418; Claflin v. Lenheim, 66 N.Y. 301; Hedges v. Railway Co., 49 N.Y. 223. It has been held, in a...
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