Weitnaur v. Weitnaur
Supreme Court of Iowa
Appeal from Black Hawk JDist at Gourt. — Hon. F. 0. Platt, Judge. Plaintiee abandoned his claim as owner of the real estate, and the only issues heard related- to the accounting asked by defendant. The referee recommended judgment against plaintiff for $146.65. Two exceptions to his report were sustained by the district court, and judgment entered against defendant for $401.83. The defendant appeals.—
1Opinion of the Court
Ladd, O. J. —
1 2 No exception to the findings of fact made by the referee was taken in the district court. This being true, it must be assumed that they were accepted as correct, and we cannot assume, as appellee insists should be done, that other evidence was introduced in court tending to sustain the judgment as finally entered. As no fault was found with the facts reported, there was no occasion for farther proof. See section 3741, Code; Peck v. Schick, 50 Iowa, 281. Two exceptions to the referee’s conclusions of law were sustained, and it is with these only that we have to do on this…
2Cases cited4 opinions
- Disbrow v. DurandSupreme Court of New Jersey · 1892
- Rogers v. MillardSupreme Court of Iowa · 1876
- In re Assignment of Hooker & SonSupreme Court of Iowa · 1888
- Peck v. Schick & Co.Supreme Court of Iowa · 1878
3Cited by2 opinions
- Black v. MillerSupreme Court of Iowa · 1912
- Rankin v. City of CharitonSupreme Court of Iowa · 1913