152 Iowa 422 | Iowa | 1911
The petition was in two counts. The first alleged that plaintiff was employed by and worked for defendants at the agreed wage of $4 per week from August 20, 1899, until December 9, 1904. The second alleged the rendition of these services, and that their reasonable value was $4 per week. Payment of $53.92 was admitted, and judgment for that still owing prayed. The defendants joined in an answer, denying the allegations of the petition and pleading the statute of limitations. Only the issues raised on the first count were submitted to the jury, and it returned a verdict for “the plaintiff,” and fixed “the amount of her recovery at the sum of $1,358.28.” A remittitur of $15.28 was filed, and plaintiff moved for judgment on the verdict. Each defendant filed a separate motion for new trial, and based it on the ground that the verdict was without support in the evidence and errors alleged to have been committed by the court. The motion of Abraham Balm was overruled, and judgment on the verdict entered against him. The motions of Anna and Allen Balm were sustained, and as to them new trials granted.