Legal Opinion

Morris v. C., B. & Q. R. Co.

Supreme Court of Iowa

Decided December 8, 1876PublishedCited by 46 opinions

Appeal from Fremont District Court. Action for damages for personal injuries. The facts are stated in the opinion. Judgment for plaintiff for $3,000. Defendant appeals.

1Opinion of the CourtAdams, J.

i. practice pi-eme court: assignment ol errors. I. The appellant makes one assignment of error, which is in these words: “The court erred in overruling the motion of defendant in arrest of judgment and for a new trial. A new trial should have . „ ., been given for the reasons set forth m said motion.”

Code, Sec. 3207, provides that “an assignment of error need follow no stated form, but must, in a way as specific as the case will allow, point out the the very error objected to.” If the assignment of error is sufficiently specific in this case, then the motion for a new trial might in all cases…

2Cases cited3 opinions

  1. Isbell v. New York & New Haven RailroadSupreme Court of Connecticut · 1858
  2. Baltimore & Ohio Railroad v. State ex rel. TrainorCourt of Appeals of Maryland · 1871
  3. Wright v. BrownIndiana Supreme Court · 1853

3Cited by46 opinions

  1. Treadwell v. WhittierCalifornia Supreme Court · 1889
  2. Corkery v. GreenbergSupreme Court of Iowa · 1962
  3. Dull v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Court of Appeals · 1899
  4. Kansas Pacific Railway Co. v. Whipple ex rel. WhippleSupreme Court of Kansas · 1888
  5. Weymire v. WolfeSupreme Court of Iowa · 1879

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