Goode v. Stearns
Supreme Court of Iowa
Appeal from Polk District Court. — Host. Marcus Kavanagh, Jr., Judge. This is a suit iu equity to enjoin the defendants from selling or removing certain brick from a brickyard, which it is alleged the defendants leased from the plaintiffs, and for judgment for rent of the brick-yard. A temporary injunction was allowed, and upon a hearing on the merits there was a decree for the defendants, and the injunction was dissolved. The plaintiffs appeal.
1Opinion of the CourtNotebook, J.
The cause, being in equity, is to be tried anew in this court, if the record contains all the evidence offered and introduced in the court below. It is claimed by counsel for appellees that the abstract of the appellants is not an abstract of all the evidence. The appellees filed an abstract in which some additional evidence is set out, and it is averred therein that including such additional evidence the two abstracts do not contain all of the evidence. This additional abstract is in no manner controverted by the appellant. In this condition of the record the appellee’s abstract must be…
2Cases cited9 opinions
- Howe & Co. v. JonesSupreme Court of Iowa · 1885
- Marsh v. SmithSupreme Court of Iowa · 1887
- Acton v. CoffmanSupreme Court of Iowa · 1888
- Cross v. B. & S. W. R. Co.Supreme Court of Iowa · 1879
- Kearney v. FergusonSupreme Court of Iowa · 1878
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3Cited by3 opinions
- Jamison v. WeaverSupreme Court of Iowa · 1893
- Turner v. Ottumwa Railway Electric & Steam Co.Supreme Court of Iowa · 1894
- Wilmering v. Western Union Telegraph Co.Supreme Court of Iowa · 1895