Davis v. Caldwell
Supreme Court of Iowa
Appeal from Shelby District Court. — Hon. Walter I. Smith, Judge. Action in equity to recover an amount alleged to be due on a promissory note, and to foreclose a mortgage given to secure its payment. The defendants admitted giving the note and mortgage, but pleaded payment and other defenses. A referee was appointed to take the evidence and make a report.
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Appeal from Shelby District Court. — Hon. Walter I. Smith, Judge. Action in equity to recover an amount alleged to be due on a promissory note, and to foreclose a mortgage given to secure its payment. The defendants admitted giving the note and mortgage, but pleaded payment and other defenses. A referee was appointed to take the evidence and make a report. He did so, but on the motion of the plaintiff his report was stricken from the files, and the defendants appeal from that order.
1Opinion of the CourtRobinson, J.
*6591 *658The referee was appointed on the fifth day of February, 1892, and the record of the appointment is in words as follows: “It appearing to *659the court that this cause is a proper one for reference, requiring an accounting, it is ordered that the partial submission had herein, be set aside, and L. W. Eoss, Esq., is hereby appointed referee to take evidence and report herein before the first day of the next term of this court.” The first day of the next term of court was March 29, 1892. The referee appointed took the required oath, and gave the parties in interest notice that he would commence the…
2Cases cited2 opinions
- DeLong v. StahlSupreme Court of Kansas · 1874
- Goodale v. CaseSupreme Court of Iowa · 1887
3Cited by3 opinions
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