59 Iowa 43 | Iowa | 1882
The defendant assigns as error that the court erred in rendering judgment in favor of the plaintiff and against the defendant on the special verdict.
Whether it was competent for the court in the absence of any objection by any one to submit the case for a special verdict alone, we need not determine, as that question is not presented. It is certain that the court could not properly render judgment for the plaintiff upon the special verdict, unless taken in connection with the pleadings it is such as to show conclusively that the plaintiff was entitled to recover.
It was not necessary for the defendant to aver from whom he obtained the warrant. But having averred it, was it necessary for him to prove it? It was sufficient for him to rest upon his general denial. Crosby v. Hungerford, decided at the present term. No evidence was called for upon the defendants’ part until the plaintiff had introduced evidence tending to show that the warrant was not delivered to him nor to
Reversed.