Morgan v. Wagner
Supreme Court of Iowa
Appeal from Polls, District Court. — Hon. Marcus Kavanagh, Jr., Judge. Action by an attorney at law to recover for professional services and money advanced for defendant’s benefit. Defendant denied the allegations of the petition, and pleaded a counter-claim for money received by plaintiff for her use. A verdict was had for plaintiff in a small sum, which, on motion of defendant, was set aside. Plaintiff appeals.
1Opinion of the CourtBeck, J.
I. The motion for a new trial was based upon the ground, among others, that the verdict was not sustained by sufficient evidence. The abstract show's tliat “judgment was entered sustaining said motion to set aside the verdict of the jury rendered herein, on the ground that the verdict was not sustained by sufficient evidence.” The case is one where the court below set aside the verdict for want of sufficient evidence to support it. ■
II. The evidence was conflicting, and the court below could well have found, in the exercise of its lawful discretion, that the verdict was not supported by the…
2Cases cited5 opinions
- Engs & Sons v. PriestSupreme Court of Iowa · 1884
- Moran v. HarrisSupreme Court of Iowa · 1884
- Brett v. BassettSupreme Court of Iowa · 1884
- Donahue v. LannanSupreme Court of Iowa · 1886
- Rogers v. WinchSupreme Court of Iowa · 1884
3Cited by5 opinions
- Tathwell v. City of Cedar RapidsSupreme Court of Iowa · 1903
- Thomas v. Illinois Central RailroadSupreme Court of Iowa · 1915
- Holman v. Omaha & Council Bluffs Railway & Bridge Co.Supreme Court of Iowa · 1900
- Hopkins v. Knapp & Spalding Co.Supreme Court of Iowa · 1894
- Carlisle v. Davenport & Muscatine Railway Co.Supreme Court of Iowa · 1916