Acton v. Coffman
Decision Date | 08 March 1888 |
Citation | 36 N.W. 774,74 Iowa 17 |
Parties | ACTON v. COFFMAN |
Court | Iowa Supreme Court |
Decided December, 1887
Appeal from Pottawattamie District Court.--HON. GEORGE CARSON Judge.
ACTION for malicious prosecution. Trial by jury, verdict for plaintiff, judgment, and defendant appeals.
AFFIRMED.
E. A Babcock and Lyman & Hunter, for appellant.
Fremont Benjamin and A. W. Askwith, for appellee.
I.
It is stated in an abstract, filed by the appellee, that no bill of exceptions was ever signed and filed. As this is not in any manner controverted, it must be deemed to be true. It follows, therefore, that, in relation to the introduction or rejection of evidence, the errors assigned cannot be considered, for the reason that there is no competent evidence before us that the rulings were made. Certain instructions were asked and refused, and such rulings are said to be erroneous, but we are unable to say that this is so, for the reason that the evidence has not been properly preserved by a bill of exceptions, and therefore we are unable to say that such instructions are applicable to, or justified by, the evidence.
II. Because of the state of the record, there is but one error assigned that can be considered, and that is that, under the special verdict, judgment should have been rendered for the defendant, notwithstanding the general verdict. The court instructed the jury as follows:
The following special interrogatories were submitted to the jury:
To each of these interrogatories, an affirmative answer...
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