McCaleb v. Smith
Supreme Court of Iowa
Appeal from Washington District Court This cause was here on a former appeal. 22 Iowa, 242. When remanded, it was tried to a jury, which found for tbe plaintiff, and assessed the damages at one cent. An offer by tbe defendant having been properly made, to confess judgment for an amount larger than the verdict, tbe court rendered judgment against the plaintiff for the subsequent costs.
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Appeal from Washington District Court This cause was here on a former appeal. 22 Iowa, 242. When remanded, it was tried to a jury, which found for tbe plaintiff, and assessed the damages at one cent. An offer by tbe defendant having been properly made, to confess judgment for an amount larger than the verdict, tbe court rendered judgment against the plaintiff for the subsequent costs. The plaintiff appeals, and bis only assignment of error is, that tbe court erred in its instructions to tbe jury.
1Opinion of the Court
Dillon, Ch. J,
The bill of exceptions substituted by agreement of parties for the lost original, contains a portion of the charge of the court, and a portion of tbe instructions gi/oen to the jury at the defendant’s instance, and concludes in these words: “ To the giving of all of such instructions, plaintiff at tbe time excepted.” Tbe record shows that there were other instructions given. The appellant does not claim that all those given were erroneous. Some of the instructions were undoubtedly correct. Grouping the instructions given by the court, and those given on tbe motion of the…
2Cases cited1 opinion
- Wilhelmi v. LeonardSupreme Court of Iowa · 1862
3Cited by8 opinions
- Ruter v. FoySupreme Court of Iowa · 1877
- Black v. City of LewistonIdaho Supreme Court · 1887
- Ludwig v. BlackshereSupreme Court of Iowa · 1897
- Pitman v. MolsberrySupreme Court of Iowa · 1878
- S. W. Hallenbeck & Son v. GarstSupreme Court of Iowa · 1895
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