Dietz v. Capital City Brick & Pipe Co.
Supreme Court of Iowa
Appeal from Pollc District Court. — Hon. W. A. Spurrier, Judge. Plaintiff, a judgment creditor of the Central Brick & Tile Company, brings this action in equity, alleging that said Central Company has sold and transferred all of its assets and property to the defendant; that the purchase price thereof has not been paid; that by the terms of the agreement of sale there was to be paid out of the purchase price the debts of the Central Company in cash, and the balance to be…
Read the full summary
Appeal from Pollc District Court. — Hon. W. A. Spurrier, Judge. Plaintiff, a judgment creditor of the Central Brick & Tile Company, brings this action in equity, alleging that said Central Company has sold and transferred all of its assets and property to the defendant; that the purchase price thereof has not been paid; that by the terms of the agreement of sale there was to be paid out of the purchase price the debts of the Central Company in cash, and the balance to be paid in stock of the •defendant company, issued ratably to the stockholders of the Central Company; that by fraudulent…
1Opinion of the Court
KinnevCL J.
I. Appellee insists that the evidence in this cause has nevér been made of the record, or in any way been properly preserved, so as to entitle this cause to be heard de novo in this court. It is said that no translation or transcript of the shorthand notes of the evidence taken in the case, and duly certified 'by said reporter, has ever been filed, and therefore we have no evidence before us. The situation, as shown by the transcript, is this: This cause was tried on oral evidence, taken in shorthand by the official reporter; also in part upon documentary evidence and written…
2Cases cited3 opinions
- Ross v. LoomisSupreme Court of Iowa · 1884
- Godfrey v. McKeanSupreme Court of Iowa · 1880
- Richards v. LounesburySupreme Court of Iowa · 1885
3Cited by5 opinions
- Smith v. WellslagerSupreme Court of Iowa · 1898
- Mason v. City of Des MoinesSupreme Court of Iowa · 1899
- Philbrick v. Town of University PlaceSupreme Court of Iowa · 1898
- Fordyce v. HumphreySupreme Court of Iowa · 1911
- Rosencrans v. WoodbridgeSupreme Court of Iowa · 1915