Citation Numbers: 189 Iowa 1255
Judges: Evans, Preston, Salinger, Weaver
Filed Date: 11/1/1920
Status: Precedential
Modified Date: 7/24/2022
The plaintiff brought her action for damages for alleged conversion of a diamond ring. The defendants were pawnbrokers, and purchased a diamond ring from one Schommer. The plaintiff alleged that the ring was stolen from her by Slattery, alias Schommer. The disputed points in the evidence were the identity of Schommer, the identity of the ring, and the. value thereof. There was a verdict for the plaintiff. Thereafter, the trial co.urt sustained a motion for a new trial, on the ground that the defendants had not had a fair trial. This appeal by plaintiff is from such order. It is urged that the action of the trial court was an abuse of discretion. We are at all times reluctant to reverse an order. granting a new trial. The boundary line of discretion of the lower court is not very distinctly marked. The evidence in this case was circumstantial. Some evidence of doubtful, competency was