Barker v. Brown
Supreme Court of Iowa
Appeal from Linn District Court. Action upon a bond entered into by the defendants (twelve in number), in which they agree to abide by and pay in full an awafd to be made by arbitrators, in relation to certain trespasses committed by defendants upon the premises of plaintiff. The answer of defendants is not in the record.
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Appeal from Linn District Court. Action upon a bond entered into by the defendants (twelve in number), in which they agree to abide by and pay in full an awafd to be made by arbitrators, in relation to certain trespasses committed by defendants upon the premises of plaintiff. The answer of defendants is not in the record. From the instructions of the Court and argument, it may be inferred that the defendants did not deny the making the bond, but that they claim, by way of avoidance, that it was signed by them under the influence of threats made by the plaintiff to prosecute them criminally if…
1Opinion of the Court
Baldwin, Ch. J.
The only alleged error is, that the verdict of the jury was against the evidence, and for this reason a new trial should have been granted. In the first place we remark,that an appellate court should not undertake to say that the District Court abused its discretion, either in granting or refusing a new trial, unless the whole case is pre*71sented to it by tbe record. It is to be presumed that the inferior court always has some good and satisfactory reason for its ruling, and the appellant should do everything in his power to rebut this presumption, and should leave nothing to be…
2Cited by2 opinions
- Loomis v. Des Moines News Co.Supreme Court of Iowa · 1900
- Brainard v. Van KuranSupreme Court of Iowa · 1867