Murphy v. Johnson
Supreme Court of Iowa
Appeal from Davis Circuit Court. The petition states that plaintiff is a minor and unmarried, and that he performed work and labor for the defendant, and that his services were reasonably worth $180, for which amount he asks judgment.
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Appeal from Davis Circuit Court. The petition states that plaintiff is a minor and unmarried, and that he performed work and labor for the defendant, and that his services were reasonably worth $180, for which amount he asks judgment. The answer denies ' the allegations' in the petition, and alleges that plaintiff represented himself to be of age, and defendant so believing he engaged plaintiff, and he agreed to1 work and do chores for his board and clothing, and that all the labor was done under that agreement; that defendant boarded and clothed him during the time agreed on, and has paid…
1Opinion of the Court
Servers, Oh. J.
1. practice : appeal. ‘ I. The errors assigned relate solely to the instructions given and refused, and it is objected by the appellee that no part of the evidence is properly before us and that, therefore, we cannot pass upon the pertinency of the instructions or determine they are erroneous. This does not necessarily follow, for if under no possible view that can be taken do the instructions embody correct propositions of law when applied to the issues presented by the pleadings, and if, on the contrary, they are clearly erroneous, then we not only have the power but it is…
2Cases cited1 opinion
- Stevenson v. GreenleeSupreme Court of Iowa · 1863
3Cited by4 opinions
- Childs v. DobbinsSupreme Court of Iowa · 1880
- Downing v. StateWyoming Supreme Court · 1902
- King v. PeopleSupreme Court of Colorado · 1912
- Parkins v. AlexanderSupreme Court of Iowa · 1898