Lea v. Roads
Supreme Court of Iowa
Appeal from Des Moines District Court. Plaintiff claims over one thousand dollars, with interest, alleging that defendant, in 1856, having so much of plaintiff’s money in his hands, converted the same to his own use, etc. Answer in denial; trial and verdict for plaintiff; motion for new trial; order sustaining the same, unless plaintiff would remit a certain amount; the remittitur was entered within the time fixed; motion then overruled, and defendant appeals.
1Opinion of the CourtWright, J.
l. Bill op ex-certification of evidence. The only point made in this court is that the verdict was not sustained by the evidence, and, as a consequence, that the court' below erred in refusing a new trial. Appellees insist that the recor(j does n0^ sufficiently show that we have all the testimony and that if it'does,’the verdict was warranted.
*409"We turn, then, first, to the record and find it in this condition : The plaintiff was “ introduced as a witness and testified substantially as follows.” Plaintiff and defendant were the only witnesses. Their correspondence, running through several…
2Cases cited2 opinions
- State v. LyonSupreme Court of Iowa · 1860
- Ford v. MitchellIndiana Supreme Court · 1863
3Cited by3 opinions
- Jemmison v. GraySupreme Court of Iowa · 1870
- Davis & Atlee v. CardSupreme Court of Iowa · 1871
- Roe v. WilmotSupreme Court of Iowa · 1879