Reports of Cases in Law and Equity, Determined in the Supreme Court of the State of Iowa, Volume 11E. W. Stephens, 1861 - Law reports, digests, etc |
From inside the book
Results 1-5 of 81
Page 6
... VERDICT : NEW TRIAL . Woodward v . Horst , 10 Iowa 120 , as to rendering judgment on one part of a verdict and granting a new trial as to another part of the same , cited and approved . 3. RECORD MAY BE CHANGED . The court may modify an ...
... VERDICT : NEW TRIAL . Woodward v . Horst , 10 Iowa 120 , as to rendering judgment on one part of a verdict and granting a new trial as to another part of the same , cited and approved . 3. RECORD MAY BE CHANGED . The court may modify an ...
Page 7
... verdict of $ 102,48 . The only matter in controversy was the claim for damages set up by defen- dant for bad workmanship on the house . This it was the province of the jury to consider and determine under the the testimony and the law ...
... verdict of $ 102,48 . The only matter in controversy was the claim for damages set up by defen- dant for bad workmanship on the house . This it was the province of the jury to consider and determine under the the testimony and the law ...
Page 8
... verdict for the defendant . The District Court being of the opinion that the verdict as to the goods sold by the assignors , was warrant- el , and as to those sold by the assignee clearly not supported by the evidence , granted a new ...
... verdict for the defendant . The District Court being of the opinion that the verdict as to the goods sold by the assignors , was warrant- el , and as to those sold by the assignee clearly not supported by the evidence , granted a new ...
Page 16
... verdict was exces- sive , and against the law and evidence . This motion wast overruled and defendants appeal . J. A. McKinlay and S. P. Adams for the appellants . J. S. Blatchley for the appellees . WRIGHT , J. - The error in this ...
... verdict was exces- sive , and against the law and evidence . This motion wast overruled and defendants appeal . J. A. McKinlay and S. P. Adams for the appellants . J. S. Blatchley for the appellees . WRIGHT , J. - The error in this ...
Page 18
... verdict ; that the jury were probably misled and con- fused by the language used , notwithstanding what had before been said ; and that a new trial should therefore have been granted . 2 Iowa 30 , and 463 ; Sullivan et al . v . Finn , 4 ...
... verdict ; that the jury were probably misled and con- fused by the language used , notwithstanding what had before been said ; and that a new trial should therefore have been granted . 2 Iowa 30 , and 463 ; Sullivan et al . v . Finn , 4 ...
Other editions - View all
Common terms and phrases
9 Iowa action affidavit alleged amended amount answer Appeal from Dubuque appellant appellee assignment attachment averments BALDWIN bill of exceptions bond cause charged cited claim clerk Code common law complainant contract County Judge county seat court of equity creditors damages debt debtor decree deed defendant's demurrer District Court dollars entitled equity error et ux evidence execution facts filed foreclose foreclosure fraud garnishee held Henry Wisner homestead indictment indorser instructions interest issue John Judgment affirmed Judgment reversed jury land landlord's lien levied liable lien ment mortgage mortgagor motion notice objection OCTOBER OCTOBER 18 opinion Oskaloosa overruled paid party payment petition plaintiff pleadings possession proceeding promissory note purchaser question Railroad Company record recover refused rendered replevin rule SATURDAY set-off sheriff sold statute sufficient Supreme Court sustained taxes testimony thereof tion trial verdict Wend writ
Popular passages
Page 485 - All laws of a general nature shall have a uniform operation; the General Assembly shall not grant to any citizen or class of citizens, privileges or immunities, which upon the same terms shall not equally belong to all citizens.
Page 578 - And further, that the bounty lands granted, or hereafter to be granted for military services during the late war, shall while they continue to be held by the patentees or their heirs, remain exempt as aforesaid from all taxes for the term of three years, from and after the date of the patents respectively...
Page 353 - ... the commission of which is necessarily included in that with which he is charged, or to an attempt to commit the offense...
Page 99 - Constitution which declares that no person shall be deprived of his life, liberty, or property, without due process of law.
Page 308 - ... having a duty to perform, and the words are spoken in good faith, and in the belief that it comes within the discharge of that duty, or where they are spoken in good faith, to those who have an interest in the communication, and a right to know and act upon the facts stated, no presumption of malice arises from the speaking of the words, and therefore no action can be maintained in such cases without proof of express malice.
Page 106 - As he had no home and no family in the strict sense of a 'collective body of persons who live in one house and under one head or manager...
Page 377 - A MORTGAGE is the conveyance of an estate, by way of pledge for the security of debt, and to become void on payment of it.
Page 359 - If the statement of the deceased was committed to writing, and signed by him at the time it was made, it has been held essential that the writing should be produced if existing, and that neither a copy nor parol evidence of the declaration could be admitted to supply the omission.
Page 100 - We are of opinion that the provision in the fifth amendment to the Constitution, declaring that private property shall not be taken for public use without just compensation, is intended solely as a limitation on the exercise of power by the government of the United States, and is not applicable to the legislation of the States.
Page 99 - The Constitution was ordained and established by the people of the United States for themselves, for their own government and not for the government of the individual States. Each State established a constitution for itself, and, in that constitution, provided such limitations and restrictions on the powers of its particular government as its judgment dictated.