Clinton Lumber Co. v. Mitchell
Supreme Court of Iowa
Appeal from Greene Circuit Court. In 1875 and 1876, S. II. Templeton was engaged in selling sewing machines at Boone, Iowa. lie gave bond to the sewing machine company, with T. J. Ross, E. W. Lockwood, and J. 0. Mitchell as his sureties.
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Appeal from Greene Circuit Court. In 1875 and 1876, S. II. Templeton was engaged in selling sewing machines at Boone, Iowa. lie gave bond to the sewing machine company, with T. J. Ross, E. W. Lockwood, and J. 0. Mitchell as his sureties. Templeton defaulted on his bond, and in May, 1879, judgment was rendered against him and his sureties, in the sum of $5,161.08, which his sureties paid in November, 1879. In December, 1870, each of these sureties commenced an action against Templeton for the sum he had paid, and attached the stock of a lumber yard at Scranton, operated by Templeton. On the…
1Opinion of the Court
Day, Ch. J.
1. APPEAL tO supreme - denovo or upon errors. — I. We have been somewhat embarrassed in our consideration of this case, on account of the condition of the record. The causes were tried as equitable ,. . , . •• , actions, upon evidence taken down m writing. Chapter 35, laws of 1882, which is a substitute 1 ' for section 2742 of the Code, provides that all the evidence offered in the trial shall be taken down in writing, and certified by the judge within the time for an appeal, and be made a part of the record, and go on appeal to the supreme court, which shall try the cause anew.…
2Cases cited1 opinion
- Taylor & Co. v. KierSupreme Court of Iowa · 1880
3Cited by1 opinion
- Taylor v. TaylorNorth Dakota Supreme Court · 1895