Kirk v. Litterst
Supreme Court of Iowa
Appeal from Cass District Court. This action was brought under section 1539 of the Code to recover, in behalf of the school fund, a statutory penalty for selling intoxicating liquors to minors. A verdict and judgment were rendered for the plaintiff for $200., The defendant appeals.
1Opinion of the Court
Adams, Ch. J.
The plaintiff averred that be was a citizen and resident of Oass county. The defendant pleaded a general denial, except as to the ownership of a certain lot. Ho evidence of citizenship was offered.
1. practice on appeal : instruction not excepted to. I. The defendant assigns as error that the court erred in instructing the jury that the plaintiff was entitled to recover in the absence of testimony showing that the • plaintiff was a citizen of Cass county, Iowa, _ , . But the instruction does not appear to have been excepted to. We cannot review an instruction not excepted to.
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2Cited by8 opinions
- Linden v. GreenSupreme Court of Iowa · 1890
- Casey v. Ballou Banking Co.Supreme Court of Iowa · 1896
- Cooley v. MaineSupreme Court of Iowa · 1918
- Free v. Western Union Telegraph Co.Supreme Court of Iowa · 1907
- Sisson v. KaperSupreme Court of Iowa · 1898
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