Morton v. Stevens

Decided December 9, 1854

Indiana Supreme Court · decided 1854-12-09

<p>Instructions -will not be regarded as erroneous, where the evidence is not sot out in the record, if there might be a state of facts to which the instructions would be applicable.</p>

Relies on Abrams v. Smith · Markley v. Doe on the demise of Studebaker

Good law ✅— No negative treatment on recordhow we know

Decided 1854-12-09

How this case has been cited

Cited by 4 later decisions — most recently October 1921

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Stuart, J.

¶1Case. Trial by jury. Verdict and judgment for Stevens, the plaintiff below.

¶2There was a motion in arrest of judgment and for a new trial. The evidence is not in the record. The instructions of the Court to the jury are set out, and that is all the plaintiffs in error complain of.

¶3As to the motion in arrest, see Rogers v. Maxwell, 4 Ind. 262.

¶4Without the evidence we can not say whether the instructions are erroneous or not. There might be a state of facts in which the evidence was correct. Abrams v. Smith, 8 Blackf. 95.—Collis v. Bowen, id. 282.

¶5Per Curiam. — The judgment is affirmed with costs.