Ruble v. McDonald
Supreme Court of Iowa
Appeal from the Clinton District Court. Trespass. Trial and verdict for defendants. Motion to set aside verdict, and for a new trial — First: Because of the misconduct of the jury; Second: On account of newly discovered evidence. Motion sustained, and defendants appeal.
1Opinion of the Court
"Wright, O. J".
The motion was first submitted upon the ground of the alleged -misconduct of the jury. An opinion was intimated in favor of the motion, when the attention of the court was directed to the case of Cook v. Sypher, 3 Iowa, 484. The question was then taken under *91further advisement. Plaintiffs thereupon assigned as an additional cause, newly discovered evidence. The motion was finally sustained upon both grounds.
The rule is, that such motions are addressed to the sound discretion of the court trying the cause; that this is a legal discretion,'however, and is to be legally and…
2Cases cited4 opinions
- Jourdan v. ReedSupreme Court of Iowa · 1855
- Stewart v. EwbankSupreme Court of Iowa · 1856
- Cook v. SypherSupreme Court of Iowa · 1856
- Powell v. GrimesIndiana Supreme Court · 1856
3Cited by19 opinions
- Wright v. Illinois & Mississippi Telegraph Co.Supreme Court of Iowa · 1866
- Sylvester v. Incorporated Town of CaseySupreme Court of Iowa · 1900
- State v. TomlinsonSupreme Court of Iowa · 1860
- Shepherd v. BrentonSupreme Court of Iowa · 1863
- Riley v. MonohanSupreme Court of Iowa · 1868
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