Clearfield Bank v. Olin
Supreme Court of Iowa
Appeal from Taylor District Court. — Hon. H. M: Towner, Judge'. This action is upon two promissory notes made by 'Elmer A. and Eunice' C. Olin, botb of whom are parties defendant.
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Appeal from Taylor District Court. — Hon. H. M: Towner, Judge'. This action is upon two promissory notes made by 'Elmer A. and Eunice' C. Olin, botb of whom are parties defendant. The áction is aided by an attachment directed against the property of defendant Elmer A. Olin, and was levied on á certain 80 acres of land in Einggold county, Iowa, on the seventh day of August, 1898. G. A. Olin is also a party defendant, and by the petition it appears that Elmer A. Olin, with intent to defraud his creditors, voluntarily, and without the knowledge and consent of G. A. Olin, executed to him a…
1Opinion of the CourtGranger, C. J.
1 I. Appellee moves to strike the evidence from the abstract because it has not been made part of the record by bill of exceptions or otherwise. It is true that the pleadings present an equitable issue, as well as one at law, and, so far as we can determine from the record, the cause was tried below as in equity, and equitable relief was granted. Appellee presents an additional abstract, but it only questions appellants’ abstract as to its eontaining all the record and all the evidence in proper foim. Appellants’ abstract show's that it is an abstract of the record, and that is not denied…
2Cases cited3 opinions
- Green v. MarbleSupreme Court of Iowa · 1873
- Parshall v. MoodySupreme Court of Iowa · 1868
- Knott v. TincherSupreme Court of Iowa · 1874
3Cited by3 opinions
- Des Moines Savings Bank v. Morgan Jewelry Co.Supreme Court of Iowa · 1904
- Edwards & Anderson v. OlinSupreme Court of Iowa · 1903
- Petersen v. New York Life InsuranceSupreme Court of Iowa · 1938