Rawlins v. Tucker
Supreme Court of Iowa
Appeal from the Appanoose District Court. This was an action on the casé, -for slanderous words spoken. The errors assigned, relate to certain instructions, given and refused by the court. It does not appear that at the time of giving and refusing the said instructions, that any objections were made. After verdict, there was a motion by defendant for a new trial, for the reason that the court erred in giving .and refusing the said instructions.
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Appeal from the Appanoose District Court. This was an action on the casé, -for slanderous words spoken. The errors assigned, relate to certain instructions, given and refused by the court. It does not appear that at the time of giving and refusing the said instructions, that any objections were made. After verdict, there was a motion by defendant for a new trial, for the reason that the court erred in giving .and refusing the said instructions. This motion was overruled, and judgment on the verdict. Defendant appeals.
1Opinion of the CourtWeight, C. J.
If these instructions were properly before us, we should incline to the opinion, that they were not in all respects, as given, correct. We have too frequently held, however, that we cannot notice instructions that come before us as these do, to depart from the rule, whatever the circumstances. Objections must be made at the time they are given or refused, and the record so show, or-this court will not undertake to pass upon their correctness. It would not do to permit a party to stand by, and allow instructions to be given or refused, without objection, wait until he sees the result of the…
2Cited by7 opinions
- State v. MoranSupreme Court of Iowa · 1858
- Gehl v. Milwaukee Produce Co.Wisconsin Supreme Court · 1903
- Rindskoff Bros. v. LymanSupreme Court of Iowa · 1864
- Farr v. FullerSupreme Court of Iowa · 1859
- Tatum v. GoforthSupreme Court of Iowa · 1859
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