Allison v. Halfacre
Supreme Court of Iowa
Appeal from Fremont District Court, The plaintiff in his petition sets up a pre-emption elaim to a tract of swamp land, proved up according to the acts of the General Assembly of this State, for which he had a certificate from the county judge of Fremont county regularly assigned to him, and upon which he charged that the defendant was committing irreparable waste, by cutting and hauling away the timber therefrom.
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Appeal from Fremont District Court, The plaintiff in his petition sets up a pre-emption elaim to a tract of swamp land, proved up according to the acts of the General Assembly of this State, for which he had a certificate from the county judge of Fremont county regularly assigned to him, and upon which he charged that the defendant was committing irreparable waste, by cutting and hauling away the timber therefrom. The prayer of the petition vas'-' for an injunction and the allowance of damages for the injury done. The defendant denied the charges, and set up title to the same land by virtue…
1Opinion of the CourtLowe, C. J.
No evidence whatever has been certified up with the record in this ease; in the absence of which we must presume that the judgment of the court was a just’ response thereto. Whether the questions of law raised in this court were presented and passed upon by the court below, we have no means of determining from the record. If it should be said that this is a chancery case, and that questions going to the equity of the bill may be insisted upon at the hearing as well as by demurrer, then they should be limited to the facts presented in the petition, and not confounded with those arising upon…
2Cited by16 opinions
- Wright v. RoseberrySupreme Court of the United States · 1887
- State v. Portsmouth Savings BankIndiana Supreme Court · 1886
- Wells v. Pennington CountySouth Dakota Supreme Court · 1891
- Barrett v. BrooksSupreme Court of Iowa · 1866
- State v. Sioux City & Pacific RailroadNebraska Supreme Court · 1878
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