21 Iowa 580 | Iowa | 1866
The counsel for appellant confidently assert that we have all the evidence in the transcript upon which the district court acted, while the counsel'' for the appellee asserts the contrary. We cann.ot undertake to determine this question of veracity or of memory between the counsel, but must content ourselves with following the well settled rule of requiring the appellant to show error affirmatively hy the record. The grounds set forth in the motion for a new trial are sufficient, if they were sustained by the evidence offered in support of them; and as it does not affirmatively appear that we have all the evidence in the transcript, we must presume that the District Court had sufficient evidence before it to sustain its judgment. .Besides, the motion was sustained, granting a new trial, and the plaintiffs therefore have another full and fair opportunity to try the merits of their ease.
Affirmed.