43 Iowa 380 | Iowa | 1876
I. The appellees, claiming that the abstract of appellant is incomplete and defective, filed an amended abstract, which appellant has moved to strike from the files upon several grounds set out in the motion. "We will not pass upon the motion for this reason: The amended abstract is intended to show that defendant did not, within the proper time, take such exceptions to the instructions of the court to the jury, and the rulings upon instructions refused, as to authorize him to make objections thereto in this court. In our opinion the abstract of defendant shows the very thing intended to be exhibited by the amended abstract, as we shall hereafter point out. There is nothing gained, therefore, to plaintiffs by this amended abstract. Without passing upon defendant’s motion, for we are in doubt whether it be well taken, we will consider the case solely upon his abstract. He cannot, therefore, complain because his motion is not acted upon.
II. The question of fact in controversy is this: Were the goods, to recover the value of which this suit was brought, purchased by defendant of plaintiffs, or were they sold to one Thomas & Co.? Plaintiffs claim that the goods were sold to defendant, and credit for the property was given to him alone. Defendant insists that Thomas & Co. bought the goods of plaintiffs upon their own credit; that they were commission merchants- and were employed by defendant to make the purchase, and payment in full was made to them.
IT. The evidence was not immaterial, for it surely exhibited the condition of the witness’ interest in the suit, as
VII. The plaintiffs, against defendant’s objection, were permitted to show that the goods were charged to Gibbs. This is complained of as error. The evidence was properly admitted. The question to be determined was this: to whom was credit given? The intention of plaintiffs was involved in this inquiry^ for if they had not intended to credit Gibbs, they would have no claim against him. The charge in their books showed this intention, which was an element to be considered in determining the quéstion just stated.
Exceptions to'instructions may be taken at the time of ruling thereon, “without any stated reason therefor.” Code, §2787. Exceptions may be taken within three days after the verdict, but in this case “the exceptions shall specify the part of the charge or instruction objected to, and the ground of the objection.” The same rulé applies tó the refusal to give instructions. Code, §27.89. The defendant failed to comply with the requirements of these sections. He cannot, therefore, object, in this court, tó the rulings of the court below upon the instructions.
IX. The foregoing discussion disposes of all questions urged by couhsel for defendant. Those presented in the assignment of errors and not pressed in argument aré regarded as waived.
The judgment of the court below is
Affirmed.