Board of Supervisors v. Board of Supervisors

Buss, J.—

This actioii was tried and submitted to Judge Hutchison, who died before determining it. By agreement of the parties, Judge Snell then decided the case from the record and the transcript. Having been tried as an equitable action, as provided by section 12442, Code, 1939, it is triable de novo on appeal, upon all issues of law and fact, whether passed upon by the trial court or not. Austin & Spicer v. Carpenter, 2 (Greene) Iowa 131, 134, 135; Manning v. Ottumwa Auto Co., 210 Iowa 1182, 1187, 232 N. W. 501; Geil v. Babb, 214 Iowa 263, 267, 242 N. W. 34; Board of Supervisors v. Board of…