Neitz v. Hilker
Supreme Court of Iowa
Appeal from Harding District Gowt. — Hon. John L. Stevens, Judge. Action at law to recover damages for an alleged malicious prosecution. There was a trial by jury resulting in a verdict and judgment for plaintiff. The defendants' appeal, assigning as error certain rulings admitting and rejecting testimony, and the giving and refusing certain instructions.
1Opinion of the CourtGiven, J.
This action is based upon a charge of larceny made against this plaintiff and her husband, Hermann Neitz, jointly. The appellee moves to strike the evidence, and to dismiss the appeal and affirm the judgment of the district court, on the grounds, among others, that there is no proper bill of exceptions, and the evidence is not sufficiently authenticated. The case is much the same in this respect as that of Neitz v. Hilker, 84 Iowa, 459. The case is before us upon the abstract, additional abstracts and transcript. The abstracts fail to show that the evidence was preserved by bill of…
2Cases cited1 opinion
- Neitz v. HilkerSupreme Court of Iowa · 1892