48 Iowa 126 | Iowa | 1878
II. The court further instructed as follows : “If some of the posts were cut upon the premises here described, and some were not-, the plaintiff will have a verdict for those which were cut there, and the defendant will have a verdict for the remainder. If none of them were cut upon the plaintiff’s land, the defendant will have a verdict for the whole, and if the defendant recovers, his allowance will be for so many posts as he is entitled to at their value, and interest at six per cent from the time they were taken on the writ. ” It is claimed that no evidencie was introduced justifying the-giving of this instruction. The abstract shows conclusively
III. Eor the reason above considered, we cannot say that the verdict is not supported by the evidence. This disposition of the case renders a consideration of appellee’s motion to dismiss the appeal unnecessary. The record does not affirmatively show any prejudicial error.
Aeeibmed.