47 Iowa 558 | Iowa | 1877
Lead Opinion
In the case of La France v. Krayer, 42 Iowa, 143, and in Jewett v. Wanshura, 43 Iowa, 574, it was held by this court that where the petition by the wife against several defendants alleged continuous sales running through a considerable time, and the alleged damages were not the result of a particular and single intoxication contributed to by all of the defendants, a joint action would not lie. In the last mentioned case it was further held that each party under such circumstances should only be held for the damages which his own acts occasioned, and that several recoveries may be had against the parties thus severally liable. Following this interpretation of the statute
It is urged by counsel for appellee that no stated objection was made to the introduction of the record of said cases in evidence; but that the objection was general and for this reason the error complained of cannot avail the appellant in this court. The appellant offered the records in evidence, as is shown by the abstract, for the purpose of showing that the plaintiff claimed damages for the same acts and injuries that she claims for in this case. If objections existed to the introduction of the records, it was the duty of plaintiff to make them specific. “ Where the prevailing or successful party, the appellee, makes a general objection which is sustained by the court, then if appellant can show in this court that there could be no legal or possible ground upon which the ruling of the court below can be sustained, the appellant will be entitled to a reversal of tlie judgment, since there must be an error of law in sustaining the objection.” Clark v. Connor, 28 Iowa, 311.
Reversed.
Rehearing
ON REHEARING.
Upon petition of plaintiff a rehearing was granted in this case. We have again carefully examined the question, a reconsideration of which was desired. Plaintiff complains of the portion of the former opinion which holds that the court erred in refusing to admit the records in the cases of plaintiff against Michael Ililger and Mathias Schultz, showing the recovery of judgments against them. The correctness of the opinion is assailed with much earnestness and with apparent plausibility.
The plaintiff, as stated in the foregoing opinion, commenced separate actions against the defendant, Weber, and against Meier, Weiss, Schultz and ITilger, the petitions covering substantially the same period of time, and making substantially the same allegations as to the character of the wrongs done and the injuries sustained.
.Now the defendants were either jointly or severally liable; if jointly liable, the collection of a judgment against one would be a satisfaction as to all; and the court in substance so instructed
It is not meant in the foregoing opinion that these judgments are admissible for the purpose of mitigating the damages for the wrongs actually done by defendant. The meaning is that they are admissible to aid in the determination as
Ve are content with the conclusion heretofore announced, and it is adhered to.