Terpenning v. Gallup
Supreme Court of Iowa
Appeal from the Union District Court. Trespass guare clausum fregit, for that defendants, on, &c., at, &c., did enter upon the lands of petitioner, and injure, destroy, pull down, and carry away, the dwelling houses, out-houses, stables, fences, steam saw-mill, engine, and all the other tenements, buildings and improvements “ situate and. being thereon, erected and built, and attached to the said premises of the property of said petitioner,” &c.
Read the full summary
Appeal from the Union District Court. Trespass guare clausum fregit, for that defendants, on, &c., at, &c., did enter upon the lands of petitioner, and injure, destroy, pull down, and carry away, the dwelling houses, out-houses, stables, fences, steam saw-mill, engine, and all the other tenements, buildings and improvements “ situate and. being thereon, erected and built, and attached to the said premises of the property of said petitioner,” &c. Answers by all the defendants, denying the petition and further setting up ; First, As to the steam mill and engine, that one of the defendants (Orr)…
1Opinion of the CourtWeight, C. J.
The errors assigned are:
First. In overruling defendant’s motion for a new trial.
Second. In sustaining plaintiff’s motion to set aside the verdict as to defendant Orr.
Third. That judgment wras entered contrary to the finding of the jury.
The motion for a new trial assigned for cause, that the verdict was against the law and evidence.
None of the instructions, (if any were given), are before us. Nor is there any pretense that the record contains all the evidence. There is, it is true, a bill of exceptions, in which it is certified “ that the foregoing embodies the substance of the testimony as to…
2Cited by6 opinions
- Albright v. McTigheU.S. Circuit Court for the District of Western Tennessee · 1892
- Pence v. BryantWest Virginia Supreme Court · 1913
- Broudy-Kantor Co. v. LevinSupreme Court of Virginia · 1923
- Miller and Lux v. Kern County Etc. Co.California Supreme Court · 1908
- Dugan v. HuntSupreme Court of Iowa · 1870
1 more not listed; retrieve them via the Exa API.