Wing v. Benham
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. James 1). Giffen, Judge. Plaintiff brought an action for the recovery of damages for the. injury to her means of support caused by the unlawful sale of intoxicating liquors to her husband by the defendant Benham. The property in which the business was carried on was owned by defendant Owen, and he was made a party, to the end that any judgment which should be recovered against Benham might be established asa lien on the property.
Read the full summary
Appeal from Linn District Court. — Hon. James 1). Giffen, Judge. Plaintiff brought an action for the recovery of damages for the. injury to her means of support caused by the unlawful sale of intoxicating liquors to her husband by the defendant Benham. The property in which the business was carried on was owned by defendant Owen, and he was made a party, to the end that any judgment which should be recovered against Benham might be established asa lien on the property. Plaintiff recovered against Benham, but the jury found specially that O.wen did not consent to the unlawful sales of liquor…
1Opinion of the CourtReed, J.
— Appellee filed a motion to strike the evidence from the abstract, on the ground that it had not been properly preserved or made part of the record. But as the material questions in the case can be determined without considering the evidence, we do not decide the motion.
The district court gave the following instructions, on which error is assigned: “12. If, after a
careful consideration of the evidence under the foregoing instructions, you find the plaintiff is entitled to recover against defendant Benham, you will next inquire and ascertain from the evidence whether the defendant Owen had…
2Cases cited2 opinions
- Meyers v. KirtSupreme Court of Iowa · 1881
- Myers v. KirtSupreme Court of Iowa · 1884
3Cited by1 opinion
- Diamond Rubber Co. v. HarrymanSupreme Court of Colorado · 1907