28 Iowa 516 | Iowa | 1870
The whole of the testimony of the witness, either on the direct or cross-examination, is not given in the bill of exceptions, or in the record; nor is the fact in any way negatived that the witness was a professional one, or an expert, or, for other reason, authorized to give an opinion; nor that the facts stated by the witness Kerns were repeated or restated to the witness as a basis whereon to rest his opinion. For aught we can know from the record tire objections made may have been entirely groundless in fact, and properly overruled for this reason.
This point has been substantially ruled against the appellant by this court in several previous cases. See Lee & Co. v. Bradway, 25 Iowa, 216, and authorities there cited. But the counsel for appellant insists that the following section of the statute has not been considered in the previous cases, and that under it a different ruling should be made, to wit: Rev. § 3075. “ When,
There was no controversy before the jury as to the amount the plaintiffs should recover, if they were entitled to recover any thing; and the recalling of the jury to assess the amount was only requiring them to do a ministerial act which the court might have required its clerk to do. The effect of the verdict, as amended, was not, under the peculiar circumstances of this case, in any way different from the verdict as sealed. Even if it was error, therefore, to recall the jury, which we do not decide or admit, it was error without prejudice, and cannot avail any thing to appellant.
Affirmed.