Shephard v. Brenton
Supreme Court of Iowa
Appeal from Boone District Court. This case was before us in 1863 (15 Iowa, 84), and tbe order of the court below awarding a new trial to defendant was affirmed. Since that time there has been a retrial in the Boone District Court, the venue having been changed; plaintiff obtained a second verdict and defendant appeals. For the facts material to the questions raised on this appeal, see the opinion.
1Opinion of the CourtWright, J.
i. instrucrelevancy, I. Appellant objects, that the court refused certain instructions aslced by him. It is possible that they should have been given under a certain state of the proof. ' What this was, however, we *43have no means of knowing, as no part of the testimony is contained in the record. We need not cite authorities to show that, under such circumstances, we will not assume that the instructions were improperly refused. The refusal may have been j ustified, because the law as prayed was inapplicable to the proof. Farr v. Fuller, 8 Iowa, 347; Harman v. Hall, 7 Id., 153; Dilley v.…
2Cases cited3 opinions
- Farr v. FullerSupreme Court of Iowa · 1859
- Lyons v. ThompsonSupreme Court of Iowa · 1864
- Julien Gas Light Co. v. HurleySupreme Court of Iowa · 1861
3Cited by18 opinions
- Campbell v. BeyersSupreme Court of Alabama · 1914
- Chester v. GravesCourt of Appeals of Kentucky · 1914
- Newbury v. Getchell & Martin Lumber & Manufacturing Co.Supreme Court of Iowa · 1898
- Hocks v. SprangersWisconsin Supreme Court · 1902
- Power v. LenoirMontana Supreme Court · 1899
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