Smith v. Wellslager
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. W. F. Conrad, Judge. Action to forclose a chattel mortgage on a stock of goods owned by the Lathrop-Ehoads Company, and to establish a lien on certain accounts assigned to secure the debt, and to establish the priorities of lienholders.
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Appeal from Polk District Court. — Hon. W. F. Conrad, Judge. Action to forclose a chattel mortgage on a stock of goods owned by the Lathrop-Ehoads Company, and to establish a lien on certain accounts assigned to secure the debt, and to establish the priorities of lienholders. Eichard T. Wellslager was appointed receiver of all the goods, accounts, and choses in action of the company, and, in behalf of the other creditors, answered, alleging that the Lathrop-Ehoads Company, in executing the note to plaintiff, acted ultra vires, and the mortgage and assignment of accounts were made by said…
1Opinion of the CourtLadd, J.
*1421 *141— Issue of fact was joined, and the cause tried at the September, 1896, term of court. At the conclusion of the trial the report in shorthand of all. the *142proceedings had was duly certified by the judge and official reporter, and filed. Final decree was entered October 24, 1896. A transcript of the evidence was prepared and certified by the reporter December 1, 1896, but not filed with the clerk till October 18,1897, and then without the certificate of the judge. The appellee moved to strike the evidence and affirm because the evidence had not been made a part of the record, and no question…
2Cases cited34 opinions
- Ross v. LoomisSupreme Court of Iowa · 1884
- Powers v. County of O'BrienSupreme Court of Iowa · 1880
- Fritzler v. RobinsonSupreme Court of Iowa · 1886
- Hammond v. WolfSupreme Court of Iowa · 1889
- Marshall v. WestropeSupreme Court of Iowa · 1896
29 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lessenich v. SellersSupreme Court of Iowa · 1903
- Hofacre v. City of MonticelloSupreme Court of Iowa · 1905
- Richardson v. FitzgeraldSupreme Court of Iowa · 1906
- Steele Smith Grocery Co. v. PotthastSupreme Court of Iowa · 1899
- Varnum v. WinslowSupreme Court of Iowa · 1898
4 more not listed; retrieve them via the Exa API.