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46 Iowa 293

Oschner v. Schunk

Supreme Court of Iowa

Decided June 14, 1877

Supreme Court of Iowa · decided 1877-06-14

This is an action at law. The plaintiff held a judgment against Michael and Catherine Scliunk, and Catherine Wunderlich was garnished on execution. Her answer denies any indebtedness to the other defendants. Issue was taken upon her answer. There was a trial by jury — verdict and judgment for the garnishee. Plaintiff’ appeals.

Decided 1877-06-14

Eotiirock, J.

¶1i practice in court-1assign* mentof error. There is but one assignment of error. It is in these words: “ The court erred in overruling the motion for a new fa'i3-!-” This assignment is not sufficiently specific to meet the requirements of Sec. 3207 of ¿]ie Q0(je- jt is there provided that, “amongseveral points in a demurrer, or in a motion, or instructions, or rulings in an exception, it must designate which is relied on as an error, and the court will only regard errors which are *294assigned with the required exactness.” The motion for new trial in this case contained three points.

¶2■ Appellees insist on their objection to the assignment of error, and we must sustain such objection.

¶3It may be proper to remark that this result is the same át which we .would have arrived, upon a determination of the case on the merits.

¶4Affirmed.

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