Legal Opinion

Citizens' Savings Bank v. Stewart

Supreme Court of Iowa

Decided January 28, 1891Published

Appeal from Council Bluffs Superior Court. — Hon. E. E. Ayles-worth, Judge. This is an action in equity by which the plaintiff seeks to set aside a decree quieting the title to certain real estate, and for other equitable relief. There was a trial upon the merits, and a decree for the plaintiff. The defendant appeals.

1Opinion of the CourtRothrock, J.

It appears from the record that the action was tried in the month of June, 1889. An appeal was taken in July of the same year. The evidence was reduced to writing by a short-hand reporter. The appellee moves to dismiss the appeal because the evidence in the case was not preserved and properly certified within the time required by statute. We think the motion must be sustained. It appears from the record that the original short-hand notes of the evidence were certified by the judge and the short-hand reporter, at the close of the trial. After the trial the short-hand reporter prepared a…

2Cases cited2 opinions

  1. Merrill v. BoweSupreme Court of Iowa · 1886
  2. Richards v. LounesburySupreme Court of Iowa · 1885

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