Cross v. B. & S. W. R. Co.
Supreme Court of Iowa
Appeal from Van Burén Cirouit Court. Action in equity. In the original petition the plaintiff asked a vendor’s lien on real estate of the defendant, for certain indebtedness due by the Iowa and Missouri State Line Railroad Company. From the decree giving the plaintiff the relief asked there was an appeal, and it was reversed. See 51 Iowa, 683, for a more ^particular statement of the issues.
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Appeal from Van Burén Cirouit Court. Action in equity. In the original petition the plaintiff asked a vendor’s lien on real estate of the defendant, for certain indebtedness due by the Iowa and Missouri State Line Railroad Company. From the decree giving the plaintiff the relief asked there was an appeal, and it was reversed. See 51 Iowa, 683, for a more ^particular statement of the issues. After the cause was remanded to the Circuit Court, the plaintiff filed the following amendment to the petition: “1. Plaintiff states that the lands and interests described in his original petition were…
1Opinion of the Court
Servers, On. J.
1. PRACTICE: certificate to evidence. I. The appellee insists the evidence has not been properly certified, that all of it is not .before the court, and he moves to strike out certain certificates of the judge and clerk, because not made in time, and for other reasons. These matters will be first considered. The certificate signed by the trial judge, after his term of office had expired, will be disregarded and the motion as to it sustained. The said judge while in office signed a certificate stating “'this cause was submitted upon a written stipulation of the parties to be…
2Cases cited2 opinions
- Baldwin v. TuttleSupreme Court of Iowa · 1867
- Cornell v. CornellSupreme Court of Iowa · 1880
3Cited by6 opinions
- Green v. WilkieSupreme Court of Iowa · 1896
- Howe & Co. v. JonesSupreme Court of Iowa · 1885
- Moriarty v. Central Iowa Railway Co.Supreme Court of Iowa · 1884
- Teague v. FortschSupreme Court of Iowa · 1896
- Andrew v. Farmers Trust & Savings BankSupreme Court of Iowa · 1928
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