Legal Opinion

Caffrey v. Groome

Supreme Court of Iowa

Decided October 6, 1860PublishedCited by 6 opinions

Appeal from Marion District Court. The plaintiff brought an action against the defendant, Groome, for damages sustained by plaintiff for the seduction ■of his daughter by said defendant. Trial by jury, and verdict for the plaintiff for $1,000. The defendant moved the court to grant a new trial, on the ground that the verdict was against the vfeight of the evidence, and against the instructions of the court.

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Appeal from Marion District Court. The plaintiff brought an action against the defendant, Groome, for damages sustained by plaintiff for the seduction ■of his daughter by said defendant. Trial by jury, and verdict for the plaintiff for $1,000. The defendant moved the court to grant a new trial, on the ground that the verdict was against the vfeight of the evidence, and against the instructions of the court. This motion was sustained and the plaintiff appeals. as to the exercise of the discretion of the District Court in granting new trials, cited Ruble v. McDonald, 7 Iowa 90; Hendriclcs $…

1Opinion of the Court

B¿vldwiN, J.

The plaintiff appeals from the order of the District Court, sustaining defendant’s motion for a new, trial'.

The questions presented by the assignment of errors, so far as they relate to the powers and duties of the District Court in granting or refusing a new trial, and under what circumstances an appellate court will interfere with this discretionary power when exercised, have been so fully settled by the decisions of this court, that we ■ need but to refer to some of them as decisive of this case. Palpable injustice must be made to appear, or the action of the court below, will…

2Cases cited4 opinions

  1. Ruble v. McDonaldSupreme Court of Iowa · 1858
  2. Leach v. KeachSupreme Court of Iowa · 1858
  3. Farr v. FullerSupreme Court of Iowa · 1859
  4. Finley v. DavidSupreme Court of Iowa · 1858

3Cited by6 opinions

  1. Sullivan v. McMillanSupreme Court of Florida · 1890
  2. Murray v. HeinzeMontana Supreme Court · 1895
  3. Talley v. WhitlockSupreme Court of Alabama · 1916
  4. Cobb, Blasdel & Co. v. I. C. R. R.Supreme Court of Iowa · 1874
  5. Baird v. C., R. I. & P. R.Supreme Court of Iowa · 1880

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