Riley v. Monohan
Supreme Court of Iowa
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
- Ruble v. McDonaldSupreme Court of Iowa · 1858
- Slauter v. WhitelockIndiana Supreme Court · 1859
- Stewart v. EwbankSupreme Court of Iowa · 1856
3Cited by13 opinions
- Hart v. StenceSupreme Court of Iowa · 1934
- Kessel v. HuntSupreme Court of Iowa · 1932
- Ricker v. DavisSupreme Court of Iowa · 1913
- Snyder v. GuthrieSupreme Court of Iowa · 1922
- Sears v. United StatesCourt of Appeals for the First Circuit · 1920
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