Doak v. Rhoads

<p>Abstract of the Decision.</p> <p>1. Landlord and tenant, § 361*—claims upon which distress warrant must he predicated. A landlord has no right to issue a distress warrant unless predicated upon a claim for rent; he cannot recover for any other matter under such warrant.</p> <p>2. Appeal and error, § 1236*—inconsistent positions. Appellant cannot insist upon a theory inconsistent with that taken by him in the trial court.</p> <p>3. Appeal and error, § 1088*—when error assigned for admission or rejection of evidence not presented for review. Where the appellant points out no error in his statement, brief or argument on the admission or rejection of evidence, and no exceptions were taken to the instructions given by the court, no question of law is presented for review, and error assigned on the admission or rejection of evidence cannot be considered.</p> <p>4. Appeal and error, § 1410*—when verdict will not he disturbed. A verdict will not be disturbed as against the weight of the evidence where it is based on conflicting evidence and there is no manifest preponderance of the evidence either way.</p>