Maxon v. Chicago, Milwaukee & St. Paul R'y Co.
Supreme Court of Iowa
Appeal from Clinton Circuit Court. Plaintiff -brought this action to recover damages on account of the killing by defendant on its railroad track of one horse, and the injury of another. There was a verdict and judgment for plaintiff in the circuit court, from which defendant took an appeal.
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Appeal from Clinton Circuit Court. Plaintiff -brought this action to recover damages on account of the killing by defendant on its railroad track of one horse, and the injury of another. There was a verdict and judgment for plaintiff in the circuit court, from which defendant took an appeal. After the appeal was perfected, plaintiff filed a motion in the circuit court to correct the record in the cause by returning to the files the original exceptions to the instructions of the court to the jury, and striking from the files a pretended motion for a new trial, which was then on the files, and…
1Opinion of the CourtReed, J.
We will first consider the questions presented under the appeal from the order correcting the record. When this motion was filed there was among the files in the case a paper which purported to be a motion by defendant for a new trial. This paper appeared, by the note of filing indorsed on it by the clerk, to have been filed within three days after the verdict was returned, and in it exceptions are alleged to certain of the instructions given by the court to the j nry on the trial of the cause. It also contained a recital that the defendant had excepted on the trial to the refusal of the…
2Cases cited4 opinions
- Mahaffy v. MahaffySupreme Court of Iowa · 1884
- Levi v. KarrickSupreme Court of Iowa · 1863
- Cummings v. WilsonSupreme Court of Iowa · 1882
- Bailey v. AndersonSupreme Court of Iowa · 1883
3Cited by3 opinions
- Haman v. PrestonSupreme Court of Iowa · 1919
- Hoffman-Bruner Granite Co. v. StarkSupreme Court of Iowa · 1906
- Rivers v. Metropolitan Life Insurance Co. of New YorkSupreme Court of Iowa · 1942