Castner v. Wright

Citation128 N.W.2d 885,256 Iowa 638
Decision Date09 June 1964
Docket NumberNo. 51322,51322
PartiesCarroll E. CASTNER, Appellee, v. R. C. WRIGHT, Appellant.
CourtUnited States State Supreme Court of Iowa

James P. McGrane, Des Moines, and Life, Davis & Life, Oskaloosa, for appellant.

Heslinga & Heslinga, Oskaloosa, for appellee.

GARFIELD, Chief Justice.

It appears from defendant's petition for rehearing an plaintiff's resistance thereto that since the opinion herein was filed, plaintiff contends he has a valid judgment for $45,000, the amount of the jury verdict, rather than for $12,500, the amount of the verdict diminished by the remittitur of $32,500 filed by plaintiff. Basis for plaintiff's claim is the second paragraph of rule 250, R.C.P., 58 I.C.A., added by amendment to the rule in 1953.

Rule 250, as so amended, provides: 'Conditional new trial. The court may permit a party to avoid a new trial under rule 243 or 244 by agreeing to such terms or conditions as it may impose, which shall then be shown of record and a judgment entered accordingly.

'Any such term or condition or judgment entered pursuant thereto shall be deemed of no force and effect and the orginal judgment entered pursuant to rule 223 shall be deemed reinstated in the event of an appeal.'

No appeal involving this rule as amended seems to have come before us. It is clear that under the second paragraph of the rule the original judgment for $45,000 entered upon the verdict, as directed by rule 223, is to be deemed reinstated upon defendant's appeal. This amendment to rule 250 was not called to our attention in the brief and argument of either party here and was not considered by us. We considered defendant's appeal as taken 'from judgment against him for the reduced amount.'

Prior to the amendment to rule 250 we had held a judgment entered upon a jury verdict automatically became a judgment in the lesser amount immediately upon the filing of the remittitur. See Fox v. McCurnin, 210 Iowa 429, 433-434, 228 N.W. 582, and citations.

Since the filing of the petition for rehearing and resistance thereto we have again considered the matters discussed in Division X of the opinion. Plaintiff argues the entire verdict should be permitted to stand or, in the alternative, a smaller remittitur should be ordered here than the one provided by the trial court. We are not persuaded we should reach a different conclusion than the trial court did as to the amount of verdict which should be permitted to stand.

Plaintiff concedes we have the...

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25 cases
  • State ex rel. Fulton v. Scheetz
    • United States
    • Iowa Supreme Court
    • April 8, 1969
    ...281; Barnard v. Cedar Rapids City Cab Co., 257 Iowa 734, 756--757, 133 N.W.2d 884; Castner v. Wright, 256 Iowa 638, 652, 127 N.W.2d 583, 128 N.W.2d 885; Sallee v. Routson, 247 Iowa 1220, 1222--1223, 78 N.W.2d If the objection made was in anticipation of the question to follow, it came too s......
  • Adams v. Deur
    • United States
    • Iowa Supreme Court
    • December 9, 1969
    ...with such a ruling unless it is reasonably clear such discretion has been abused. Castner v. Wright, 256 Iowa 638, 127 N.W.2d 583, 591, 128 N.W.2d 885, and citations; Mead v. Scott, supra, 256 Iowa 1285, 1290, 130 N.W.2d 641, 644, and citations.' No abuse of discretion appearing, trial cour......
  • Schmitt v. Jenkins Truck Lines, Inc.
    • United States
    • Iowa Supreme Court
    • September 5, 1969
    ...objection was made, at least without a reasonable excuse for not objecting.' Castner v. Wright, 256 Iowa 638, 652, 127 N.W.2d 583, 591, 128 N.W.2d 885. No such excuse appears here. This is merely an application of the familiar rule that an appellant may not urge for the first time here a co......
  • Allen v. Lindeman
    • United States
    • Iowa Supreme Court
    • February 7, 1967
    ...In interpreting this statute in relation to ministers of the gospel we said in Castner v. Wright, 256 Iowa 638, 646, 127 N.W.2d 583, 588, 128 N.W.2d 885: 'This statute prevents a minister of the gospel from disclosing 'any confidential communication properly entrusted to him in his professi......
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