122 Iowa 27 | Iowa | 1903
This case involves no new principle of law. . Plaintiff claims a right to the possession of the property under a bill of sale therefor executed by E. E. Adams on or about November 17, 1899. Defendant, as sheriff, levied on the property on the same day, under writs'of attachment issued in actions instituted against E. E. Adams, and he claims that plaintiff’s bill of sale was and is fraudulent and void, for that it. was executed with intent to hinder, delay, and defraud Adams’ creditors. The allegation of fraud was denied by plaintiff, and on these issues the case was submitted to a jury..
Alex Altshuler, an attorney for plaintiff, was a witness in the case, and testified to having drafted the bill of
A witness for defendant was asked as to what Adams had told him, before the execution of the bill of sale, about being involved and indebted. This was objected to
A witness who had examined the stock of boots and shoes on or about November 6th, and who showed his competency to testify as to value, was asked to give the
Complaint is made of certain rulings relating to the testimony of witness Duncan. As-the matter was brought
Adams was used as a witness for defendant. After he had been examined in chief by defendant's counsel, and cross-examined at some length by plaintiffs they fled a motion ~or a continuance, based on
Complaint is made of the various rulings. They were each so far discretionary that we do not feel' like interfering. As a general rule, a'motion to-amend a motion for a continuance, after a ruling thereon based on counsel’s admission that the witnesses would testify as claimed, is not in order. At any rate, the trial court is vested with a large discretion in such. matters. The only proper" exception in the record relates to the ruling on the motion for leave to amend, arid this, as we have seen, was not
II. Misconduct of counsel in opening statement, in insinuations during the trial, and in argument of the case to the jury was one of the grounds of the motion for a
Plaintiff filed a motion for a new trial based on many grounds, among them being misconduct of counsel. The motion was overruled, and exception taken. The assignment of error is omnibus in character, and simply says that the court erred in overruling the motion for a new trial. This is not sufficient to present any question involved in the motion for review. Huss v. R. R., 113 Iowa, 343.
The only other manner in which the record presents any question is as follows: During the opening statement of the case, counsel for defendant'referred to certain statements made by plaintiff’s counsel regarding defendant’s line of defense; and, while proceeding with his side of the case, plaintiff’s counsel twice made this record.. “Let the record show an exception to this, or to this line of statement.” At another time, plaintiff’s counsel objected to a statement as prejudicial, but no ruling was made, on the objection. Once during the argument plaintiff’s counsel made an exception to a remark made by defendant’s counsel about pawnshops. No ruling was made on this exception. So far, it will be observed, there were no rulings of the trial court on which an'assignment of error might be
The matter of misconduct is not properly presented by the record. We have^ examined the argument, and while defendant’s counsel went to the very verge of propriety, we should not feel disposed to reverse tfee case, even if the matter had been properly presented. Much of what was said was called out by counsel on the other side," and in many of his statements counsel was simply accepting a challenge made by plaintiff’s counsel. While not disposed to relax the rules in such matters, it is sufficient to say that we are not justified, under the record now before us, in reversing'the case for misconduct.
Appellant’s motion to strike and to tax costs of appel-lee’s abstract is overruled. The judgment is aeetumed.