Cook v. Sypher
Supreme Court of Iowa
Appeal from, the Polk District Court. Trial and verdict for defendant. On the same day, plaintiffs filed their motion to set aside the verdict, and for a new' trial, which was overruled, and judgment on the verdict.
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Appeal from, the Polk District Court. Trial and verdict for defendant. On the same day, plaintiffs filed their motion to set aside the verdict, and for a new' trial, which was overruled, and judgment on the verdict. On the next day, this motion was renewed, the plaintiffs filing in support thereof, the affidavit of one of the jurors who tried the case, to the effect that the verdict was not voluntary on his part; that it was made without his consent; and that it was never his verdict. The motion was then sustained, verdict and judgment set aside, new trial ordered, and cause continued. From…
1Opinion of the CourtWright, C. J.
It was held, in the case of Stewart v. Ewbank, Ante, 191, that the decision of the District Court in granting or refusing a new trial, might be reviewed in this court. In that case, the order granting a new trial by the court below, was reversed, and the cause remanded, with directions to the court below, to enter judgment on the verdict. Such orders, depending as they do, in many instances, upon the discretion of the court trying the cause, should be reviewed with great caution, but the power to review is fully recognized by the foregoing casé, as well as many others therein cited. The…
2Cases cited2 opinions
- Dana v. TuckerNew York Supreme Court · 1809
- People v. Columbia Common PleasNew York Supreme Court · 1828
3Cited by13 opinions
- Wright v. Illinois & Mississippi Telegraph Co.Supreme Court of Iowa · 1866
- Alger v. MerrittSupreme Court of Iowa · 1864
- Manix v. MalonySupreme Court of Iowa · 1858
- Ruble v. McDonaldSupreme Court of Iowa · 1858
- State v. GibbsSupreme Court of Iowa · 1874
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