57 Iowa 107 | Iowa | 1881
Counsel for the appellee insists, if it be conceded the evidence should not have been excluded, it was error without prejudice, because evidence of the same character was afterward given by the same witness. The witness afterward testified in substance that defendant said “ he would get him (plaintiff) in jail, if he did not quit stealing his corn.” This is materially different from the evidence striken out, and, also, that which the plaintiff sought to contradict.
We do not understand any objections are urged to the instructions, except that it is said the court erred in submitting the question of probable cause to the jury. In this we do not concur. And in view of the fact, there must be another trial, we deem it improper to discuss this or the question whether the evidence was sufficient to sustain the verdict.
Reversed.