Moore v. Gilbert

Supreme Court of Iowa

Moore v. Gilbert

46 Iowa 508

DecidedSeptember 20, 1877

StatusPublished

This text of 46 Iowa 508 (Moore v. Gilbert) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Moore v. Gilbert, 46 Iowa 508 (iowa 1877).

Pincite

Opinion

Adams, J.

1 ^, J . PRACTICE ill court?pr™e sumption. I. The plaintiff filed a motion in arrest of judgment, and also a motion for a new trial. Whether the court ever ruled upon either of said motions does P no^ appear, except so far as may be inferred from the pact that jn(jgment was rendered upon the verdict. But this might and should have been done, regardless of the motions, if they were not called to the attention of the court. In the absence of any evidence in the record that the motions were ruled on, the presumption would be that they were waived. It may also be added that, as the record fails to show any ruling upon the motions, it fails, of course, to show any exceptions to such rulings.

2_. in_ structious. II. The appellant assigns as error the giving of certain instructions, and the refusal to give certain instructions asked by him. To the instructions given no exception was taken, or objection made, except to the whole in a mass, and it has been held repeatedly that this is insufficient. See McCaleb v. Smith, 24 Iowa, 591, and cases cited.

To the refusal to instruct as asked, no exception in any form appears to have been reserved.

Affirmed

Free access — add to your briefcase to read the full text and ask questions with AI

Adams, J.

1 ^, J . PRACTICE ill court?pr™e sumption. I. The plaintiff filed a motion in arrest of judgment, and also a motion for a new trial. Whether the court ever ruled upon either of said motions does P no^ appear, except so far as may be inferred from the pact that jn(jgment was rendered upon the verdict. But this might and should have been done, regardless of the motions, if they were not called to the attention of the court. In the absence of any evidence in the record that the motions were ruled on, the presumption would be that they were waived. It may also be added that, as the record fails to show any ruling upon the motions, it fails, of course, to show any exceptions to such rulings.

2_. in_ structious. II. The appellant assigns as error the giving of certain instructions, and the refusal to give certain instructions asked by him. To the instructions given no exception was taken, or objection made, except to the whole in a mass, and it has been held repeatedly that this is insufficient. See McCaleb v. Smith, 24 Iowa, 591, and cases cited.

To the refusal to instruct as asked, no exception in any form appears to have been reserved.

Affirmed

Cite This Page — Counsel Stack

Bluebook (online)

46 Iowa 508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-gilbert-iowa-1877.

Opinion

Related

Cite This Page — Counsel Stack