15 Iowa 283 | Iowa | 1863
Plaintiff obtained a judgment against Frost and others; ordered execution thereon, and placed
It will be observed that plaintiff claims damages for a failure to sell property taken under the writ and not for failure to levy. Upon this, the only controverted point in the case, the evidence is to some extent conflicting. "We cannot say it so conclusively preponderates in favor of the Verdict, as to justify our interfering with the order granting a new trial. For the rule upon this subject see Sheppard v. Brenton, ante, and the cases there cited.
Judgment affirmed.