Moody v. St. P. & S. C. R.
Supreme Court of Iowa
Appeal from Woodbury Circuit Court. Action upon an account, the principal items of which are for services alleged to- have been rendered under special agreements as to the amounts to be paid plaintiff therefor. The action was commenced before a justice of the peace, and judgment rendered for plaintiff. Upon an appeal to the Circuit Court a like judgment upon a verdict was had, from which defendants appeal.
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Appeal from Woodbury Circuit Court. Action upon an account, the principal items of which are for services alleged to- have been rendered under special agreements as to the amounts to be paid plaintiff therefor. The action was commenced before a justice of the peace, and judgment rendered for plaintiff. Upon an appeal to the Circuit Court a like judgment upon a verdict was had, from which defendants appeal. The Circuit Judge certifies that the case involves questions upon which it is desirable to have the opinion of this court. The verdict not being sustained by the evidence, a new trial…
1Opinion of the Court
Beck, J. —
1. verdict: idence.0 ev I. It is first insisted that the verdict is not supported by the evidence and for that reason the court erred in not sustaining a motion for a new trial. There was conflict in the evidence and there is no ground for holding that the finding of the jury was not the honest and intelligent execise of judgment upon the facts of the case. "We cannot, for the reason assigned by defendants, disturb the judgment.
2. instrucScef ' prac II. It is urged that the court erroneously refused certain instructions, which are set out in the abstract. Should we concede that…
2Cases cited3 opinions
- Osgood v. BringolfSupreme Court of Iowa · 1871
- Case v. City of WaverlySupreme Court of Iowa · 1873
- Drake v. BuckSupreme Court of Iowa · 1872
3Cited by3 opinions
- Ayer v. MoonOregon Supreme Court · 1911
- Dawson v. PogueOregon Supreme Court · 1888
- State v. SmithSupreme Court of Iowa · 1908