Perkins v. Jones
Supreme Court of Iowa
Appeal from, Gass GvrevAl Oov/rt. Ti-ie plaintiff brings this action to recover of the defendants damages for the unlawful sale of intoxicating liquors to the husband of plaintiff.
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Appeal from, Gass GvrevAl Oov/rt. Ti-ie plaintiff brings this action to recover of the defendants damages for the unlawful sale of intoxicating liquors to the husband of plaintiff. The cause was tried to a jury, and on the 23d day of April they returned a verdict for the plaintiff for $550. On the 24th day of April the defendants filed a motion for a new trial, on the ground that the verdict is contrary to evidence and law, and that the court erred in giving and refusing instructions and in admitting and excluding evidence. On the 27th day of April the plaintiff filed a motion for a change of…
1Opinion of the CourtDay, J.
1. PRACTICE ; veiíuo*- after verdict. — The sole question involved is whether after verdict, and whilst a motion for a new trial is pending, a change of venue may be awarded to another court. Wo J are c^eai’iy of opinion that such change cannot be granted. There are many reasons against granting a change at such stage of the proceedings. Section 2590 of, .the Code provides that a change of the place of trial may be had. Section 2739 of the Code provides that a trial is a *212judicial examination of the issues in an action, whether they be issues of law or of fact. Now it cannot be claimed that…
2Cited by3 opinions
- Bennett v. CareySupreme Court of Iowa · 1881
- Perkins v. JonesSupreme Court of Iowa · 1883
- State ex rel. Carleton v. District CourtMontana Supreme Court · 1905