Legal Opinion

Ross v. Loomis

Supreme Court of Iowa

Decided October 9, 1884PublishedCited by 22 opinions

Appeal from Guthrie Circuit Court. This is an action in equity, and involves tlie title to one-hundred and twenty acres of land. Tlie plaintiff claims to be the owner in fee of the land, and prays that his title may be-quieted. The defendant claims that he is the absolute owner,, and, by a cross-petition, demands that the title may be quieted in him Upon a trial in the circuit court, the petition and' cross-petition were dismissed without prejudice, and both: parties appeal.

1Opinion of the Court

Rothrook, Oír. J.

*434i. pbactice : cause0: evi-ty dence: liow taken and made part of record. *433I. Counsel for plaintiff make the-question that the cause is not in a condition for trial de novo *434in this court, and by a motion filed in the case they ask that the evidence be stricken from the " . . abstract, because it is not identified by the proper J £ -*■ certificates. The trial was had partly upon depositions and other record' evidence, and partly upon the testimony of witnesses taken down in short-hand by the reporter of the court. Tim short-hand reporter noted the documentary evidence in his…

2Cases cited2 opinions

  1. Costello v. BurkeSupreme Court of Iowa · 1884
  2. Godfrey v. McKeanSupreme Court of Iowa · 1880

3Cited by22 opinions

  1. Howe & Co. v. JonesSupreme Court of Iowa · 1885
  2. Koch v. WestSupreme Court of Iowa · 1902
  3. Steele Smith Grocery Co. v. PotthastSupreme Court of Iowa · 1899
  4. Merrill v. BoweSupreme Court of Iowa · 1886
  5. Fleming v. StearnsSupreme Court of Iowa · 1890

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