Lowery v. Lowery
Supreme Court of Iowa
Appeal from Greene District Court.— HoN. Z. A. Church, Judge. This is an appeal from an order of Hon. Z. A. Church, Judge, upon an application of defendant and appellant to substitute certain exhibits introduced in the main case bearing a like title to this one, which was an action for a divorce.
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Appeal from Greene District Court.— HoN. Z. A. Church, Judge. This is an appeal from an order of Hon. Z. A. Church, Judge, upon an application of defendant and appellant to substitute certain exhibits introduced in the main case bearing a like title to this one, which was an action for a divorce. The trial court found that these exhibits were lost or mislaid and could not be found, but that, as no copies were preserved, and no one had sufficient recollection of the contents thereof, he could make no order of substitution. From this order defendant appeals.—
1Opinion of the Court
Deemer, J.—
Plaintiff brought suit against defendant for a divorce. Defendant appeared and resisted the same, and upon issues duly joined the case was tried to the court, resulting in a decree granting plaintiff the relief asked. Defendant thereupon appealed to this court, and in the preparation of the case for submission here it was found that some of the exhibits offered by plaintiff, consisting in large part of letters written him by defendant, were lost, mislaid, or destroyed. Not being able to furnish us with the entire record upon which the case was tried in the district court, defendant…
2Cases cited8 opinions
- Ormsby v. GrahamSupreme Court of Iowa · 1904
- State Savings Bank v. RatcliffeSupreme Court of Iowa · 1900
- Loomis v. McKenzieSupreme Court of Iowa · 1878
- Wolf v. SmithOregon Supreme Court · 1876
- Shear v. BrinkmanSupreme Court of Iowa · 1887
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3Cited by2 opinions
- Dumbarton Realty Co. v. EricksonSupreme Court of Iowa · 1909
- Lowery v. LowerySupreme Court of Iowa · 1908