Bird v. Bird
Supreme Court of Iowa
Appeal from Louisa, Ci/reuit Oou/rt. This is an. action in equity for the foreclosure of a mortgage against the defendant Elijah Bird, and to declare a judgment lien, which the defendant Charles Wolf holds against the defendant Elijah Bird, junior and inferior to the claim of plaintiff. The court rendered judgment in favor of plaintiff, and declared her lien superior to that of the defendant Wolf, who alone appeals.
1Opinion of the CourtDay, J.
No motion nor order appears to have been made for trial upon, written evidence, as provided in section 2742 of the Code. The cause can not, therefore, be reviewed de now. Richards et al. v. Hintrager, 45 Iowa, 253; Walker v. Plummer, 41 Iowa, 697; Moses v. The Continental Insurance Company, 40 Iowa, 440. No errors are assigned, and hence no question of law is presented for review. Olson v. Martin, 38 Iowa, 346. This point is distinctly made and urged by the appellee, and we are not at liberty to ignore it. See, also, Vinsant v. Vinsant, 47 Iowa, 594.
Aeeirmed.
2Cases cited4 opinions
- Richards v. HintragerSupreme Court of Iowa · 1876
- Olson v. MartinSupreme Court of Iowa · 1874
- Vinsant v. VinsantSupreme Court of Iowa · 1877
- Moses v. Continental InsuranceSupreme Court of Iowa · 1875