State ex rel. McKeever v. Carey
Supreme Court of Iowa
Appeal from Gass District Court — O. 1). Wheeler, Judge. ON December 19, 1917, tbe relator filed a complaint against the defendant, charging him with being the father of her illegitimate child. Trial to a jury. Defendant was found guilty, and judgment entered against him, from which he appeals.
1DissentSalinger, J.
I. Defendant did not ask for a directed verdict, and seems to concede there was enough evidence to warrant submission to a jury. But he urges that the jury exercised its proper function improperly, by returning a verdict which is contrary to and *1330not sufficiently .sustained by the evidence, and, therefore, is the result of passion and prejudice. There is reason, to believe the majority is holding that such a complaint cannot be entertained, unless the insufficiency of the evidence amounts to such absence of evidence as warrants a directed verdict. This is a misconception. It is settled that,…
2Cases cited8 opinions
- Heiman v. FelderSupreme Court of Iowa · 1916
- Eastman v. MillerSupreme Court of Iowa · 1901
- State v. RyanSupreme Court of Minnesota · 1899
- Miller v. PaulsonSupreme Court of Iowa · 1918
- Chicago Cottage Organ Co. v. CaldwellSupreme Court of Iowa · 1895
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