Incorporated Town of Spencer v. Andrew
Supreme Court of Iowa
Appeal from Olay District Court. — Hon. George H. Carr, Judge. Aotiow in equity to determine the right of defendants -to set, maintain and nse a weighing scale in Main street of the plaintiff town, and to restrain them from so doing. The case is again submitted under a stipulation that defendants waive the right of urging that plaintiff has a remedy at law. A decree was entered dismissing plain-tiff’s petition, from which plaintiff appeals.
1Opinion of the CourtGiven, J.
I. Appellees insist in argument that -appellant has not made all the evidence taken on the trial of record, namely, Exhibit A and Exhibit number 1, and that, therefore, the case cannot be tried de nono. We are not referred to any part of the six abstracts or ■of the transcript in support of this claim, but are left to .search these several hundred pages to see what they .show, if anything, as to these exhibits. In the absence of any specific reference, we conclude that we may rely upon the certificate of the judge that the transcript contains all the evidence, and, therefore, consider the…
2Cases cited2 opinions
- Davis v. Town of AnitaSupreme Court of Iowa · 1887
- Heath v. Des Moines & St. Louis R'y Co.Supreme Court of Iowa · 1883
3Cited by13 opinions
- Trans-Oceanic Oil Corp. v. City of Santa BarbaraCalifornia Court of Appeal · 1948
- First National Bank v. City of EmmetsburgSupreme Court of Iowa · 1912
- Pettit v. Incorporated Town of Grand JunctionSupreme Court of Iowa · 1903
- Young v. RothrockSupreme Court of Iowa · 1903
- Cowin v. City of WaterlooSupreme Court of Iowa · 1946
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