Williams v. Frick

• Decision Date: 14 March 1887
• Citation: 32 N.W. 382,71 Iowa 362
• Parties: WILLIAMS AND ANOTHER v. FRICK.
• Court: Iowa Supreme Court

71 Iowa 362

32 N.W. 382

WILLIAMS AND ANOTHER

v.FRICK.

Supreme Court of Iowa.

March 14, 1887.

Appeal from circuit court, Harrison county.

The facts are stated in the opinion.

L. Brown, for appellant.

F. M. Dance and Dewell & McGavern, for appellee.

SEEVERS, J.

There was a general and special verdict. They were inconsistent, and the defendant, in substance, moved the court to set aside the general verdict, and render judgment in his favor on the special findings. This motion was overruled, and the defendant excepted. For the purposes of the case, it will be conceded the court erred in so ruling. Afterwards the defendant moved the court to set aside the general verdict, and for a new trial. This motion was sustained. The error assigned and relied on is that the court erred in overruling the first motion. Conceding this, we think the defendant waived the error by moving to set aside the general verdict, asking a new trial, and obtaining it. Affirmed.