Brentner v. Chi., M. & St. P. R. Co.
| Decision Date | 07 April 1886 |
| Citation | 68 Iowa 530,27 N.W. 605 |
| Parties | BRENTNER v. CHICAGO, M. & ST. P. R. CO. |
| Court | Iowa Supreme Court |
On rehearing. For opinion on former hearing, see 23 N. W. Rep. 245.
Upon the application of the plaintiff a rehearing was granted on the first point in the foregoing opinion. Upon an examination of the abstract we find that we were mistaken as to the facts.
1. The defendant objected to the panel of trial jurors upon the ground the persons constituting the panel had not been drawn as required by law. The objection was overruled. In this respect there is no difference between this case and State v. Harris, 64 Iowa, 287;S. C. 20 N. W. Rep. 439. Therefore the court did not err in overruling the objection.
2. The plaintiff offers to remit the erroneous assessment of interest; therefore there is no necessity for reversing the judgment. If the plaintiff files a remittitur in 30 days after filing this opinion, the judgment of the circuit court will be affirmed, but the plaintiff must pay the costs in this court. If such remittitur is not filed, then the judgment of the district court must bereversed.
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