Legal Opinion

Finley v. David

Supreme Court of Iowa

Decided October 15, 1858PublishedCited by 4 opinions

Appeal from the Dubuque District Court. This action was brought to recover four thousand dollars, as money due upon a lease. Trial, and verdict for defendant. Motion for a new trial sustained, and from this order defendant appeals. The other facts appear in the opinion of the court.

1Opinion of the Court

Wright, O. J.

The bill of exceptions recites that the new trial was granted, not because the verdict was contra*4ry to tbe evidence, but to permit the questions of law and fact to be more thoroughly investigated. No portion of the testimony is made a part of the record ; nor is there anything to show what instructions were given. We can only gather from the pleadings, the causes set forth in the motion for a new trial, and the argument of counsel, that some difficult, and somewhat new questions of law were involved in the case. Did the record not show this much, however, we should not be…

2Cases cited1 opinion

  1. Trulock v. StateSupreme Court of Iowa · 1855

3Cited by4 opinions

  1. Hoskins v. HightSupreme Court of Alabama · 1891
  2. Field v. KinnearSupreme Court of Kansas · 1869
  3. Loomis v. Des Moines News Co.Supreme Court of Iowa · 1900
  4. Caffrey v. GroomeSupreme Court of Iowa · 1860

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