83 Iowa 112 | Iowa | 1891
II. Following the order pursued in the arguments, we first notice the appellant’s contention that, although it was unnecessary to allege the location of the store building except that it was in the county, the state, having alleged its precise location as to lot and block, was bound to 'prove the location as alleged, and that no proof of such location was made. We think there is evidence from which the jury might find that the building was located as alleged, and do not, therefore, determine whether it was incumbent on the state to make such proofs.
Y. The only remaining contention urged by the appellant is that the testimony is not sufficient to support the verdict. We have examined the testimony as set out in the transcript, with care, and, although it is conflicting upon many points, and open to much of the criticism made upon it, we are of the opinion that it amply supports the verdict.
Our conclusion, upon the whole record, is that the judgment of the district court should be aeeirmed.