76 Iowa 301 | Iowa | 1888
The question is made by counsel for appellee that all of these assignments are insufficient except that numbered 4. The first assignment does not point out the testimony to which objection was made. The motion of defendant to instruct the jury to return a verdict for defendant was based upon three grounds, and the second assignment of error does not designate the ground upon which appellant relies. There were three special interrogatories submitted by the defendant, with a request that the court give the same to the jury, which was refused. The assignment of error numbered 3 does not specify with particularity as to which of the interrogatories should have been submitted to the jury. The motion to set aside the verdict, and for a new trial, was founded upon seven grounds, and the assignment of error with reference thereto is general, and without specification. These assignments of error caunot be considered. Section 3207 of the Code provides that assignments of error must point out the very error objected to, and that among several points in a demurrer or motion the assignment must designate which is relied on as an error, and the court will only regard errors which are assigned with the requisite exactness. It is plain that the assignment of errors last above set out is insufficient, and cannot be considered. Peck v. Hendershott, 14 Iowa, 40; Arnold v. Arnold, 20 Iowa, 273; Reilly v. Ringland, 44 Iowa, 422; Oschner v. Schunk, 46 Iowa, 293. And the assignment of error numbered 6 must also be disregarded. Tomblin v. Ball, 46 Iowa, 190.
Counsel for appellant filed a motion asking that the costs of the abstract filed by axopellee be taxed to her. The motion will be overruled, The . , „ . _ _ , . 1 greater part of said abstract consists of the charge of the court to the jury. It was necessary for the purpose of showing that there was no error in refusing to give the instruction asked by the defendant.
Affirmed.