Moses v. Continental Insurance
Supreme Court of Iowa
Appeal from Clinton District Court. This is an action to recover upon a ffre insurance policy issued by the defendant to the plaintiff, upon her dwelling house which was afterwards destroyed by fire. There was a trial to the court, resulting in a judgment for plaintiff. Defendant appeals.
1Opinion of the Court
Miller, Ch. J.
The action, although brought to recover on a fire insurance policy upon a loss of the property insured, 1. practice in court-^qSi-tame actions. aQC*- a ref'llsal of the defendant to pay the loss, is commenced by equitable proceedings; whether cór-rectly so or not we will not determine. Appellant’s counsel, however, have brought the evidence upon appeal, *441and are insisting on a trial anew in this court thereon. In order to be entitled to sncli trial, in equitable actions, tbe party desiring it must move the court, during the appearance term, for a “ trial upon the written…
2Cited by4 opinions
- Vinsant v. VinsantSupreme Court of Iowa · 1877
- Altman & Co. v. FarringtonSupreme Court of Iowa · 1877
- Ingle v. CulbertsonSupreme Court of Iowa · 1876
- Bird v. BirdSupreme Court of Iowa · 1878