Bingman v. Clark
Supreme Court of Iowa
Appeal from Clark District Court. — T. L. Maxwell, Judge. Action in equity, to set asid© a judgment and for a new trial, based on the ground that the plaintiff in a law action was denied the right to be heard on appeal, because bill of exceptions was not preserved and filed within 30 days from the entry of the judgment, it appearing'that, within 30 days from the rendition of the judgment, the plaintiff requested the official shorthand reporter to attach a certificate to the…
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Appeal from Clark District Court. — T. L. Maxwell, Judge. Action in equity, to set asid© a judgment and for a new trial, based on the ground that the plaintiff in a law action was denied the right to be heard on appeal, because bill of exceptions was not preserved and filed within 30 days from the entry of the judgment, it appearing'that, within 30 days from the rendition of the judgment, the plaintiff requested the official shorthand reporter to attach a certificate to the minutes of the testimony taken by him, and that the reporter failed and neglected, to do this within the 30 days,…
1Opinion of the CourtGavnor, C. J.
i ivt „ uaityfeto. ?as" qient to jua!-" ment. This is an action in equity, brought to secure a new trial in a law action. The ground upon which the relief is asked will be stated in the opinion.
On the 18th day of August, 1911, the defendant herein brought an action against this plaintiff to recover damages on account of fraud and deceit in the exchange of property. Issue was joined, and the cause brought to trial to a jury on the 25th day of September, 1912. The cause was duly tried, and, on the 26th day of September, the jury returned a verdict in favor of the defendant herein, plaintiff in…
2Cases cited15 opinions
- Overton v. BlumTexas Supreme Court · 1878
- Richardson v. StateWyoming Supreme Court · 1907
- Bailey v. United StatesCourt of Criminal Appeals of Oklahoma · 1909
- Shultz v. ShultzIndiana Supreme Court · 1894
- State ex rel. Downing v. GaslinNebraska Supreme Court · 1891
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Shaw v. AddisonSupreme Court of Iowa · 1945
- Buchan v. German American Land Co.Supreme Court of Iowa · 1917
- Hoffart v. Lindquist & Paget Mortgage Co.Oregon Supreme Court · 1948
- State v. RicksIdaho Supreme Court · 1919
- Holmes v. HolmesSupreme Court of Iowa · 1920
5 more not listed; retrieve them via the Exa API.