Steiner v. Steiner
Supreme Court of Iowa
Appeal from Montgomery District Gov/rt. After the plaintiff’s appeal was perfected, the pleadings and evidence in the case were lost. The plaintiff then moved in the District Court for an order that the papers be substituted. The motion was overruled, and the plaintiff appeals from the order overruling the motion.
1Opinion of the CourtAdams, J.
The lost papers when last seen were in the hands of the plaintiff’s attorney, but the uncontradicted affidavits filed in support of the plaintiff’s motion show that the papers were lost without the fault of the attorney, and without the fault of the plaintiff, or any one representing him. Such being the fact, we are of the opinion that the court, under the authority of Loomis v. McKenzie, 48 Iowa, 416, should have sustained the motion.
Reversed.
2Cases cited1 opinion
- Loomis v. McKenzieSupreme Court of Iowa · 1878
3Cited by2 opinions
- Ormsby v. GrahamSupreme Court of Iowa · 1904
- Becker v. BeckerSupreme Court of Iowa · 1878