McGinness v. Barton
Supreme Court of Iowa
Appeal from Shelby District Court. This action was brought to recover certain money alleged to be due the plaintiff, Ida McGinness, as guardian of her minor sister, Ella Barton. There was a trial to a jury, and verdict was rendered for the defendant, and judgment was rendered against the plaintiff for costs. She appeals.
1Opinion of the Court
Adams, Ch. J.
The court gave an imperative instruction to the jury to render a verdict for the- defendant, and a verdict was rendered accordingly. The instruction, we think, must have been given upon the theory that no evidence was offered by the plaintiff tending to support any proper issue tendered by the petitioner. The plaintiff sought to recover upon two counts. In the first she averred, in substance, that one Asher Barton, (now deceased,) father of her ward, owned, in his life-time, certain real estate, and conveyed the same to the defendant; that the consideration for the sale and…
2Cited by10 opinions
- Dunn v. Zwilling Bros.Supreme Court of Iowa · 1895
- Gregory v. BowlsbySupreme Court of Iowa · 1902
- Weltner v. ThurmondWyoming Supreme Court · 1908
- Williams v. WilliamsSupreme Court of Iowa · 1899
- A. M. Byers & Co. v. McEnirySupreme Court of Iowa · 1902
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