Roe v. Wilmot
Supreme Court of Iowa
Appeal from Cherokee District Cowrt. Action in equity to settle a partnership account. The court found that there was due the plaintiff for capital furnished the sum of ten thousand dollars; that there was due the defendant, Wilmot, the sum of two thousand two hundred and seventy-nine dollars and forty-two cents, and to Mrs. C. M. Wilmot the sum of three hundred and eighty-six dollars and thirty-nine cents.
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Appeal from Cherokee District Cowrt. Action in equity to settle a partnership account. The court found that there was due the plaintiff for capital furnished the sum of ten thousand dollars; that there was due the defendant, Wilmot, the sum of two thousand two hundred and seventy-nine dollars and forty-two cents, and to Mrs. C. M. Wilmot the sum of three hundred and eighty-six dollars and thirty-nine cents. It also found that certain other .sums were due to certain other creditors respectively. It made a decree for the appointment of a receiver, who was directed to rent the real estate for…
1Opinion of the Court
Adams, J., . 1. PRACTICE 111 courtTtSiudo nom — An order was made at the appearance term that the case should be tried upon written evidence. It is before us, therefore, for a trial de novo, if it is triable at all. The appellee insists that it is not triable at all, because the abstract does not purport to contain all the evidence. The abstract purports to contain “all the evidence bearing upon and introduced to sustain the issues and findings as to which the plaintiff appealed. ” In our opinion this is not sufficient. We do not decide whether it would have been sufficient if the abstract…
2Cases cited2 opinions
- McKenzie v. KitlerSupreme Court of Iowa · 1869
- Lea v. RoadsSupreme Court of Iowa · 1867