Stewart v. Equitable Mutual Life Ass'n
Supreme Court of Iowa
-Appeal from BlacTchawk District Court. — Hon. A. S. Flair, Judge. Action on life insurance policy. Defense, that it was ■procured by fraud, and was void because of false answers to certain questions warranted to be true. The defendant .-appeals from judgment on verdict for the plaintiff.—
1Opinion of the CourtLadd, J.
1 The errors assigned in rulings on the admission of evidence were not mentioned in the motion for a new .trial. Nor was this essential in order to have them reviewed. See section 4106, Code. Had a part of these been so pressed upon the attention of the trial court, it is possible this might be construed as waiving others. *530But, where such motion deals with independent questions, such as errors of the jury in returning verdict, or of the court in giving or refusing instructions and in failing to direct verdict, as in this case, there is no ground for regarding' exceptions to such rulings as…
2Cases cited12 opinions
- Aetna Life Ins. Co. v. FranceSupreme Court of the United States · 1876
- Miller v. Mutual Benefit Life InsuranceSupreme Court of Iowa · 1871
- Cobb v. Covenant Mutual Benefit Ass'nMassachusetts Supreme Judicial Court · 1891
- Metropolitan Life Insurance v. McTagueSupreme Court of New Jersey · 1887
- Cushman v. United States Life InsuranceNew York Court of Appeals · 1875
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3Cited by25 opinions
- Morton v. Equitable Life InsuranceSupreme Court of Iowa · 1934
- Nelson v. Nederland Life InsuranceSupreme Court of Iowa · 1900
- Crosse v. Supreme Lodge Knights & Ladies of HonorIllinois Supreme Court · 1912
- Roe v. National Life Insurance Ass'nSupreme Court of Iowa · 1908
- Olinger Mutual Benefit Association v. ChristySupreme Court of Colorado · 1959
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