Porter v. Knight
Supreme Court of Iowa
Appeal from Pollc Circuit Court. Action on a lease of a farm; and the plaintiffs seek to recover on tlie grounds that the defendant failed to cultivate the farm in a proper manner, and failed to deliver to the plaintiffs tlie share of tlie crops raised, as provided in the lease. The plaintiffs caused an attachment to issue, and certain property belonging to the defendant was levied ón and taken, possession of by the sheriff.
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Appeal from Pollc Circuit Court. Action on a lease of a farm; and the plaintiffs seek to recover on tlie grounds that the defendant failed to cultivate the farm in a proper manner, and failed to deliver to the plaintiffs tlie share of tlie crops raised, as provided in the lease. The plaintiffs caused an attachment to issue, and certain property belonging to the defendant was levied ón and taken, possession of by the sheriff. The material allegations in the petition were denied in the answer, and a counter-claim was pleaded by the defendant, and he sought to recover damages caused by, as he…
1Opinion of the CourtServers, J.
*3671. Practice: instructing the jury as to the issues. *366I. The court in the charge to the jury made a lengthy statement of the issues, but at the conclusion *367thereof stated: “Pora more exact and complete statement of the allegations of the parties and issues the case, see the pleadings themselves.” In a paragraph of the charge, the court said: “When you find that a fact is alleged by one of the parties and expressly admitted by the other, you may assume the fact thus admitted to be true, and no further evidence is necessary on that point. As to all the matters alleged in the petition and denied by…
2Cases cited2 opinions
- Fitzgerald v. McCartySupreme Court of Iowa · 1881
- Gordon v. HardinSupreme Court of Iowa · 1871
3Cited by21 opinions
- Garner v. StateSupreme Court of Florida · 1891
- Union Mill Co. v. PrenzlerSupreme Court of Iowa · 1897
- Swanson v. AllenSupreme Court of Iowa · 1899
- Connelly v. WhiteSupreme Court of Iowa · 1904
- People v. . KearneyNew York Court of Appeals · 1888
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