81 Iowa 692 | Iowa | 1891
It appears that there was a rumor in the neighborhood of the farm of the defendant to the effect that T. J. Davis was a son of the defendant, and one of the plaintiffs was permitted to testify that the defendant was supposed to be the father of T. J. Davis ; but this was not permitted to go to the jury as tending to establish the claimed agency. The evidence was admitted to go to the jury as preliminary. It is claimed that this was error. It may be that, if this were the extent of the court’s ruling upon the relationship of the parties, we might say that the ruling was without prejudice. But the defendant’s deposition was offered in evidence in his behalf, and he was asked on cross-examination this question: “You are the father of T. J. Davis, are you not % ’ ’ The answer was : “ No. ” He was then asked: “You have recognized him as your son, have you not?” The answer was : “No.” These answers were excluded, on the objection of the plaintiff, because they were incompetent. It is quite apparent that the rulings of the court should be consistent with each other. Wo think that if T. J. Davis was the son of the defendant,
V. We have examined the other alleged errors in the rulings, or the admission and exclusion of evidence, and are of opinion that the objections to such rulings are without merit. The instructions to the jury, and the refusal to give the instructions asked, ought not to be the subject of complaint. The trial, in these respects, appears to us to have been conducted without any valid objection.
For the errors above mentioned the judgment of the district court is reversed.