147 Iowa 312 | Iowa | 1910
Theodore Munier died in August, 1908,
The alleged inconsistency between instructions four ,and six and seven is sufficiently covered by what we have said about the sixth instruction.
Criticism of other instructions need not be further noticed.
It Is urged that many errors were committed in ruling on the receipt of testimony. Some of the testimony offer,ed by the contestants in their main case which was excluded would undoubtedly have been competent in rebuttal, but there was nothing in the record at the time of the rulings which so indicated, and, in the main, we think the rulings correct. At any rate, the doubtful rulings are not likely to again occur.
The appellees seriously contend that there should be no reversal, • whatever errors may appear, for the reason that there' is no substantial evidence of mental incapacity