Hall v. Smith
Supreme Court of Iowa
Appeal from Polh District Court. This cause was before this Court, at the December Term, 1859. 10 Iowa, 49. Being reversed and remanded, it was referred in the Court below to J. M. Ellwood, Esq., as Referee, who found and reported the facts, and from these held, that plaintiff was entitled to recover; which finding was affirmed and the defendants appeal.
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Appeal from Polh District Court. This cause was before this Court, at the December Term, 1859. 10 Iowa, 49. Being reversed and remanded, it was referred in the Court below to J. M. Ellwood, Esq., as Referee, who found and reported the facts, and from these held, that plaintiff was entitled to recover; which finding was affirmed and the defendants appeal. I. The dismissal of the replevin did not determine the issue as to the right of possession in the property, or of special property therein; and said issues may be now made, and if found for the defendants constitute a complete defense to the…
1Opinion of the Court
Wright, Ch. J.
Our law does not contemplate that all the papers in a case are to be taken as a part of the record, and certified, on appeal, to this Court. Section 3512 specifies the papers which are to be deemed a part of the record, and section 3524 makes it the duty of the appellant to file a perfect transcript. The appellant may, however, in writing, direct what portions of the record he desires transmitted (§ 3511), and this, for him and the case, is to be taken and treated as a sufficiently perfect transcript. If he presents a partial record, he, of course, must take the chances of…
2Cases cited1 opinion
- Levi v. KarrickSupreme Court of Iowa · 1862
3Cited by15 opinions
- Jaffray v. . DavisNew York Court of Appeals · 1891
- Lincoln Sav. Bank & Safe-Deposit Co. v. AllenCourt of Appeals for the Eighth Circuit · 1897
- Whitney v. CookMississippi Supreme Court · 1876
- Merry v. AllenSupreme Court of Iowa · 1874
- Sergeant v. LeonardSupreme Court of Iowa · 1981
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