134 Iowa 704 | Iowa | 1907
But two questions are raised on this appeal. The first relates to the qualifications of one of the jurors who was challenged for cause, and the other to an instruction given by the court on its own motion. Code, section 332, provides that only such persons are competent as
There are two reasons why a reversal of this case cannot be had because of the court’s ruling on the challenge. In the first place, the record fails to show that the plaintiff was prejudiced by the ruling, because it is not shown that the plaintiff had exhausted his peremptory challenges. Haggard v. Petterson, 107 Iowa, 417; State v. Brownlee, 84 Iowa, 475. Furthermore, the ruling was within the. sound discretion of the court, and there is nothing in the record indicating that such discretion was abused. State v. Crouch, 130 Iowa, 478; Wilson v. Wapello County, 129 Iowa, 77.
The remaining question relates to the tenth instruction, which is claimed by the appellant to have been prejudicial error, because it presented for the consideration of the jury a question not at issue in the case. The plaintiff in his petition alleged that Fe entered into a contract with the defendant for the sale of his land at a stipulated price; he to receive all for which the land was sold above such price. He did not allege in his petition that the contract was to be performed within any particular time, and he testified as a wit
There is no error in the record, and the judgment is affirmed,.