W. T. Rawleigh Medical Co. v. Bane

254 N.W. 18, 218 Iowa 154
CourtSupreme Court of Iowa
DecidedApril 3, 1934
DocketNo. 41138.
StatusPublished
Cited by14 cases

This text of 254 N.W. 18 (W. T. Rawleigh Medical Co. v. Bane) 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
W. T. Rawleigh Medical Co. v. Bane, 254 N.W. 18, 218 Iowa 154 (iowa 1934).

Opinion

Donegan, J.

In March, 1912, the appellant entered into a written contract with one R. E. Eustick under the terms of which Eustick was to handle certain goods and merchandise of the appellant company. Attached to this contract was a guaranty contract by which the appellees, Bane,and Sharf, guaranteed the honest and faithful performance by Eustick of the contract between him and the appellant. The contract between Eustick and the appellant was terminated in October, 1913, and in June, 1914, Eustick confessed judgment to the plaintiff under said contract in the sum of $845.67. The instant case is brought by the appellant against the appellees under the contract of guaranty to enforce the payment of the amount owing by Eustick to appellant. Upon the trial of the case in the district court, the defendants made a motion at the close of plaintiff’s testimony for a directed verdict, and this motion was sustained by the court. After a verdict had been rendered in favor of the appellees, pursuant to the court’s instructions, the appellant filed a motion for new trial, objections and exceptions to instructions, orders, and rulings of the court, a motion in arrest of judgment, and a motion for judgment notwithstanding the verdict. All of these motions were overruled by the trial court and judgment entered against the appellant for costs. From this judgment appeal was taken to this court.

Appellant in its brief and argument sets out the following “Errors Relied on for Reversal”.

“Error No. 1.
“The Court erred in overruling plaintiff’s objection to the introduction of the following evidence on the Cross-examination of the witness, R. E. Eustick: (See Abstract page 36, lines 24 to 33.)
*156 “Q. And did you remit one-half of what you collected on these goods each week to the Company?
“By Mr. O’Connor: Objected to as not proper Cross-examination.
“By the Court: Overruled, Exceptions saved.
“A. Yes, sir. .
“Error No. 2.
“The Court erred in over-ruling Plaintiff’s Motion to strike Count seven of Defendants Amendment to substituted answer. (See Abstract pages 16 to 19 and page 43, lines 27 to 29.)
“Error No. 3.
“The Court erred in sustaining Defendant’s Motion for a Directed Verdict and in Directing the Jury to return a verdict for the Defendant, A. S. Bane, at the close of the Plaintiff’s evidence and after the plaintiff had rested. (See Abstract page 43, lines 31 to 33, and page 44, lines 1 to 23.)
“Error No. 4.
“The Court erred in overruling Plaintiff’s Motion for a new trial. (See Abstract page 53, lines 7 to 10.)
“Error No. 5.
“The Court erred in overruling Plaintiff’s Objection and Exceptions to instructions, Orders and Rulings of the Court. (See Abstract page 53, lines 7 to 10.)
“Error No. 6.
“The Court erred in overruling Plaintiff’s Motion in Arrest of Judgment. (See Abstract 53, lines 7 to 10.)
“Error No. 7.
“The Court erred in overruling Plaintiff’s Motion for Judgment Notwithstanding Verdict. (See Abstract page 53, lines 7 to 10.)
“Error No. 8.
“The Court erred in rendering Judgment against the Plaintiff for the costs of this action. (See Abstract page 53, lines 11 to 17.)”

Appellees challenge the sufficiency of the assignment of errors and contend that the appellant has failed to observe the requirements of our rules. Rule 30 of this court is as follows:

“Rule 30. The brief of appellant shall contain a short and clear statement showing: * * *
“Fifth. The errors relied upon for reversal.
*157 “Note: What the rule contemplates and requires is a statement of the errors relied upon for reversal.
“The rule contemplates that the statement of error shall be complete in itself and that each ruling of the court deemed by the appellant to be erroneous and reversible shall be set forth in clear, concise and definite language sufficiently full and specific, but without elaboration, to apprise the court of the ruling complained of and the particular or particulars in which and for what reason it is claimed to be erroneous.”

It will be observed that in the note which appears as a part of the fifth subdivision of Rule 30 it is stated that the rule contemplates that the statement of error shall be “sufficiently full and specific, but without elaboration, to apprise the court of the ruling com.plained of and the particular or particulars in which and for what reason it is claimed to be erroneous.”

The first statement of error relied upon for reversal is that the court erred in overruling plaintiff’s objection to the introduction of certain evidence on cross-examination of the witness R. E. Eustick. As appears above, the question, objection, answer, and ruling of the court are set out in the statement of the error relied on for reversal. There may be some question as to whether the setting out of the objection to the evidence quoted is sufficient compliance with the requirement of the rule that the statement of error relied on must show the particulars and for what reason it is claimed the ruling is erroneous. However, even if it be sufficient, which we do not decide, we think this ground of error is not sufficient for reversal. The trial court has a broad jurisdiction in connection with what it will allow on cross-examination, and this discretion will not be interfered with except in cases where it is clearly abused. In the direct examination of this witness he testified as to collections made by him for merchandise sold, as to correspondence and statements with regard to the amount of money claimed due from him by the appellant, and that he did not have cash or money to pay his indebtedness to the appellant. In view of this testimony, we do not think that the action of the court in overruling the objection to the question, as to whether he remitted one-half of what he collected, can be said to be such an abuse of discretion as to constitute reversible error. Moreover, the trial court directed a verdict in favor of the defendants, and there is nothing to indicate that the single answer thus allowed to be made *158 by the witness over appellant’s objection was considered or given any weight whatever by the court in reaching its decision. We do not think the court’s ruling was reversible error.

The second statement of error relied upon for reversal is that “The Court erred in over-ruling Plaintiff’s Motion to strike Count seven of Defendants Amendment to substituted answer.” Following this, there is set out in parenthesis references to certain pages and lines of the abstract.

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254 N.W. 18, 218 Iowa 154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/w-t-rawleigh-medical-co-v-bane-iowa-1934.