Pitman v. Molsberry

Supreme Court of Iowa

Pitman v. Molsberry

49 Iowa 339

CourtSupreme Court of Iowa

DecidedOctober 24, 1878

StatusPublished

Cited by5 cases

This text of 49 Iowa 339 (Pitman v. Molsberry) 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

Pitman v. Molsberry, 49 Iowa 339 (iowa 1878).

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Opinion

Adams, J.

[340]*3401. appeal : exception to instructions. [339]*339The court gave twelve instructions. It is not claimed that all are erroneous, yet no exception is reserved [340]*340except to all the instructions in a mass. That this is not sufficient see McCaleb v. Smith, 24 Iowa, 591, and eases cited.

There is no assignment of errors. The appellant claims, in argument, that the verdict.is contrary to the evidence. The only question of doubt presented is as to whether the plaintiff was received by Molsberry into his house, and remained there under such circumstances that she was justified in believing that she was regarded as a member of his family, and not as a boarder. The, jury must have found that she was. While the correctness of the verdict may well be doubted, we should hardly feel at liberty to set it aside, even if error had been assigned on the point.

AFFIRMED.

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Adams, J.

[340]*3401. appeal : exception to instructions. [339]*339The court gave twelve instructions. It is not claimed that all are erroneous, yet no exception is reserved [340]*340except to all the instructions in a mass. That this is not sufficient see McCaleb v. Smith, 24 Iowa, 591, and eases cited.

There is no assignment of errors. The appellant claims, in argument, that the verdict.is contrary to the evidence. The only question of doubt presented is as to whether the plaintiff was received by Molsberry into his house, and remained there under such circumstances that she was justified in believing that she was regarded as a member of his family, and not as a boarder. The, jury must have found that she was. While the correctness of the verdict may well be doubted, we should hardly feel at liberty to set it aside, even if error had been assigned on the point.

AFFIRMED.

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49 Iowa 339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pitman-v-molsberry-iowa-1878.

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