Dwyer v. Rock
Supreme Court of Iowa
Appeal from Iowa District Court. — Hon. M. J. Wade, Judge. Action to foreclose a mortgage, executed by defendant Rock. The other defendants were made parties, for the purpose of having their interests declared inferior to the claim of plaintiff.
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Appeal from Iowa District Court. — Hon. M. J. Wade, Judge. Action to foreclose a mortgage, executed by defendant Rock. The other defendants were made parties, for the purpose of having their interests declared inferior to the claim of plaintiff. Coakley and other defendants and intervenors filed a cross petition against Thomas, Lortz, and Keegan, alleging that a pretended mortgage, originally executed by the defendant Rock to the Farmers’ Loan & Trust Company, and by it assigned to Thomas, and by Thomas to Lortz and Keegan, was executed in fraud of said Coaldey and other creditors of said…
1Opinion of the CourtMcClain, J.
There are motions submitted with the ease to dismiss the appeal, on the ground that the appeal was not perfected within six months after the rendition of the decree, and to strike the evidence from the record for the reason that the translation of the shorthand notes was not certified by the judge and the reporter, and a transcript thereof filed within six months after the decree, as required by Code, section 3652. Our ruling on the latter of these motions will dispose of the case. The transcript of the reporter’s notes was not filed until more than six months from the rendition and entry of…
2Cases cited9 opinions
- State v. WelshSupreme Court of Iowa · 1899
- Ross v. LoomisSupreme Court of Iowa · 1884
- Kavalier v. MachulaSupreme Court of Iowa · 1889
- Merrill v. BoweSupreme Court of Iowa · 1886
- Smith v. WellslagerSupreme Court of Iowa · 1898
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3Cited by2 opinions
- Richardson v. FitzgeraldSupreme Court of Iowa · 1906
- Doyle v. DuckworthSupreme Court of Iowa · 1910