Legal Opinion

Moses v. Continental Insurance

Supreme Court of Iowa

Decided April 26, 1875PublishedCited by 4 opinions

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

  1. Vinsant v. VinsantSupreme Court of Iowa · 1877
  2. Altman & Co. v. FarringtonSupreme Court of Iowa · 1877
  3. Ingle v. CulbertsonSupreme Court of Iowa · 1876
  4. Bird v. BirdSupreme Court of Iowa · 1878

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