Legal Opinion

Richardson v. Fitzgerald

Supreme Court of Iowa

Decided November 19, 1906PublishedCited by 18 opinions

Appeal from Hardin District Court.— Hon. W. D. Evans, Judge.- Suit for specific performance. Decree was entered as prayed. The defendants appeal.

1Opinion of the CourtLadd, J.

The cause was heard in equity on oral evidence, and a decree entered March 31, 1905. The shorthand notes, duly certified by the official reporter and trial *254judge, had been filed a few days before, but the transcript of the evidence was not filed with the clerk of the district court until November 29, 1905, more than six months subsequent to the entry of the decree. On this ground the appellee has moved that what purports to be the evidence be stricken from the abstract. Section 3652 of the Code provides that: “ In equitable actions wherein issues of fact are joined, all the evidence offered…

2Cases cited14 opinions

  1. Ely and Others v. . HoltonNew York Court of Appeals · 1857
  2. Pignaz v. BurnettCalifornia Supreme Court · 1897
  3. Wilcox v. SaundersNebraska Supreme Court · 1876
  4. People Ex Rel. Mutual Life Insurance v. Board of SupervisorsNew York Court of Appeals · 1857
  5. City of Davenport v. D. & St. P. R.Supreme Court of Iowa · 1873

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3Cited by18 opinions

  1. Rish v. Iowa Portland Cement Co.Supreme Court of Iowa · 1919
  2. Klouda v. Sixth Judicial District Department of Correctional ServicesSupreme Court of Iowa · 2002
  3. Richardson v. City of JeffersonSupreme Court of Iowa · 1965
  4. Chicago & Northwestern Railway Co. v. Sioux City Stockyards Co.Supreme Court of Iowa · 1916
  5. City of Sioux City v. YoungSupreme Court of Iowa · 1959

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