Knott v. Bessmer
Supreme Court of Iowa
Appeal from Bremer District Gourt. — Hon. John C. Sherwin, Judge. Action in equity to restrain the defendant, as street commissioner, from removing certain fences, and from opening an alleged street in the city of Waverly. There was a decree in favor of the plaintiff, from which the defendants appeals.
1Opinion of the CourtRobinson, J.
From the record submitted in this court we infer that a considerable amount of the evidence was introduced in the district court, and a full hearing there had on the merits of the case. Although this is an equitable action, the appellee contends that the condition of the record is such that there can be no trial de novo. We have examined the abstract, and an amendment thereto, filed by the appellant, with much care, but do not find any statement or claim that the abstract submitted is a full abstract of the record in the case. A certificate which the trial judge appended to a transcript of…
2Cases cited2 opinions
- Shattuck v. Burlington InsuranceSupreme Court of Iowa · 1889
- Wisconsin, Iowa & Nebraska R'y Co. v. SecorSupreme Court of Iowa · 1886