Legal Opinion

Riley v. Monohan

Supreme Court of Iowa

Decided February 1, 1868PublishedCited by 13 opinions

Appeal from KeoJcuJe District Court. New trial : evidence not under oath : review oe action oe court below, eto. — Action for an alleged fraudulent warranty by the defendant respecting a horse by him traded to the plaintiff. Answer in denial. The jury returned a verdict for the plaintiff.

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Appeal from KeoJcuJe District Court. New trial : evidence not under oath : review oe action oe court below, eto. — Action for an alleged fraudulent warranty by the defendant respecting a horse by him traded to the plaintiff. Answer in denial. The jury returned a verdict for the plaintiff. The defendant moved for a new trial, upon two specific grounds, and none others, to wit: First, because the court erred in its instructions to the jury; second, because the plaintiff’s wife was called and examined as a witness for Mm, without being sworn. The motion was overruled by the court as to the first…

1Opinion of the Court

Dillon, Ch. J.

1. New trial: evidence not under oath, No motion was made for a new trial, on the ground that the verdict was against the evidence. So far as the motion was based upon alleged erro- « ' 4 , , x 43 neous instructions it was overruled, and no *509exceptions taken. The motion was sustained, upon the sole ground that the failure to have sworn a witness who gave evidence for the plaintiff, entitled the unsuccessful defendant, as a matter of law, and, under the circumstances, to a new trial.

That the witness was not sworn is not a disputed fact. As the motion was sustained by the court…

2Cases cited3 opinions

  1. Ruble v. McDonaldSupreme Court of Iowa · 1858
  2. Slauter v. WhitelockIndiana Supreme Court · 1859
  3. Stewart v. EwbankSupreme Court of Iowa · 1856

3Cited by13 opinions

  1. Hart v. StenceSupreme Court of Iowa · 1934
  2. Kessel v. HuntSupreme Court of Iowa · 1932
  3. Ricker v. DavisSupreme Court of Iowa · 1913
  4. Snyder v. GuthrieSupreme Court of Iowa · 1922
  5. Sears v. United StatesCourt of Appeals for the First Circuit · 1920

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