Clark v. Reynolds
Supreme Court of Iowa
Appeal from Johnson District Court. This action was commenced as an action at law. Plaintiffs, as assignees of one H. W. Collins, sought to recover of the defendant and appellant herein, upon an account for $34, an alleged balance due upon the purchase of certain promissory notes from said Collins, by said Reynolds, and claiming $650 more, as due upon a certain written contract.
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Appeal from Johnson District Court. This action was commenced as an action at law. Plaintiffs, as assignees of one H. W. Collins, sought to recover of the defendant and appellant herein, upon an account for $34, an alleged balance due upon the purchase of certain promissory notes from said Collins, by said Reynolds, and claiming $650 more, as due upon a certain written contract. The original petition was filed on the 14th day of December, 1874. At the January term, 1875, defendant, Reynolds, demurred to the petition, because it did not appear from the petition that the instrument declared…
1Opinion of the CourtRothbook, J.
I. The first question presented is whether the action is triable anew in this court.
*676l. practice in court'trfáfde novo. It will be observed from the foregoing statement that the amended petition in equity was filed on the 9th day of Eebruar.y> 1875. A demurrer to the amended petition was overruled at the January term, 1876. The trial was had at the June term, 1876. The order providing that the evidence should be taken by the reporter was made at the time the case was called for trial.
We think the record thus made does not entitle the parties to a trial de novo.
Sec. 27 J2 requires that if any…
2Cited by2 opinions
- Bullard v. HopkinsSupreme Court of Iowa · 1905
- Vinsant v. VinsantSupreme Court of Iowa · 1877