McCornack v. Pickrell

(dissenting) — I respectfully dissent.

In Bruce v. Galvin, 183 Iowa 145, 147, 166 N. W. 787, 788, we said:

“ # * * We are committed, however, to the proposition that, upon the reversal of a judgment on appeal of a law ease because of insufficient evidence, the cause goes back to the lower court for a retrial, if either party demands it, unless it clearly appears from the record that, under no conceivable state of proof applicable to the issues, can the party against whom the reversal is ordered be entitled to judgment in his favor. ’ ’

That this is the settled rule is apparent from various cases…