Chicago Lumber Co. v. Davis
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. W. F. Conrad, Judge. Action in equity to establish a mechanic’s lien. There was a decree for plaintiff, and the defendants appeal.
1Opinion of the CourtGranger, J.
I.—The short-hand notes of the evidence taken on the trial were not extended and the transcript filed within six months, as provided by Code, section 2742, and the holdings of this court in Arts v. Culbertson, 73 Iowa, 13, and Kavaleir v. Machula, 77 Iowa, 121. For this reason appellee moves to strike the evidence from the record, and the motion must be sustained.
*732II. Appellants filed a motion to strike the additional abstract from the files because not filed within the time provided by the rules of this cou’»t. No prejudice appears from the neglect to file within the time, and under the rule…
2Cases cited2 opinions
- Kavalier v. MachulaSupreme Court of Iowa · 1889
- Arts v. CulbertsonSupreme Court of Iowa · 1887
3Cited by2 opinions
- Smith v. WellslagerSupreme Court of Iowa · 1898
- Price v. BaldaufSupreme Court of Iowa · 1894