Reports of Cases in Law and Equity, Determined in the Supreme Court of the State of Iowa

by Iowa. Supreme Court

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890. ... the station and was moving at a rate not exceeding four miles an hoar; that the horse was not seen by the engineer in charge of the train. The place of entry and manner of killing were made probable by the marks at the cattle-guard and the bridge. If the facts were as deduced, we see no reason to reverse the order of the general term granting a new trial. It is not apparent that the horse was killed by the neglect of defendant. The discretion to award a new trial because the verdict is against the weight of evidence is not confined to the trial court, but may and should be exercised by the appellate tribunal when it is clear that justice has not been done, and it is probable that a new trial will result differently. Affirmed. Robbins v. Mclean. Appeal from, Decatur District Court--Friday, July 22. Action for the specific performance of a contract to convey real estate. The case turned entirely upon questions of fact. The judgment below, dismissing plaintiff's bill, was reversed because not sustained by the evidence--Wright, J., delivering the opinion of the court. J. W. Penney for the appellant--John W. Harvey for the appellee. Long V. Meter et al. Appeal from Jasper District Court--Friday, July 22. This case turned entirely upon facts, no questions of law that would be of interest to the profession being involved, and the judgment below was affirmed as being sustained by the evidence--Wright, J., delivering the opinion. Window & Wilson for the appellant--Clark dt Ry an for the appellee. Sloan V. Hinesley et al. Appealfrom Mahaska District Court--Monday, July 25. This case, involving the validity of a sheriff's sale, turned entirely upon a question of fact, and the judgment of the court below was affirmed as being sustained by the evidence--WBight, J., de...

202 pages, Paperback

Published February 3, 2012