This historic book may have numerous typos and missing text.
Purchasers can download a free scanned copy of the original book
(without typos) from the publisher. Not indexed. Not
illustrated.1908 Excerpt: ... Instructions Continued tO Insurance
of an error in the rule of damages given by the court. McMahon v.
Iowa Ice Co., 368. Modification: Submission by request: Prejudice.
Submission of a requested instruction after modification by the
court, as having been asked by one of the parties, is not
prejudicial, where the instruction correctly states the law and the
modification simply defines the limitation of the rule to prevent
misapprehension of its force and application. Farrell v. Citizens'
Light & Ry. Co., 309. Presumption as to instructions. Where
none of the evidence is before the appellate court it will be
presumed that the instructions were based on the condition of the
record at the time they were given. Hawkins v. Young, 281. Same.
Where the instructions are not all incorporated in the record on
appeal it will be presumed that those given correctly embody the
law of the case. State v. Smith, 5. Review. Where no exceptions to
the instructions were taken upon the trial the appellate court may
properly decline to consider the matters of error contended for.
Idem. Same. Instructions not excepted to when given or in. the
motion for a new trial will not be considered on appeal. Hibbets v.
Threlkeld, 164. Submission of issues. Where there is evidence
tending to support a plea of fraudulent concealment of the true
condition of animals when sold the issue should be submitted.
Boylan v. McMillan, 142. Submission of issues. A party cannot
complain of the submission of an issue concerning which there is a
substantial conflict in the evidence. Schminkey v. Sinclair &
Co., 130 To be construed as a whole. The court's instructions must
be construed as a whole and if they are not misleading when so
considered, and they announce correct propositions of law, a
General Books LLC
|Country of origin:
Iowa Supreme Court
||246 x 189 x 15mm (L x W x T)
||Paperback - Trade
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