In re Town of Union
Supreme Court of Iowa
Appeal from Hardin District Court. — R. M. Wright, Judge. This is an action for severance of territory claimed to have been tried as in equity upon the petition of plaintiff and without pleading by the defendant. The judgment was against the plaintiff, and the territory sought to be severed was retained within the town. Plaintiff S. H. Callaway appeals.
1Opinion of the CourtSalinger, J.
1- ^frevfew:358" tentfttfeoryín I. Appellant says the matter was tried in equity. Appellee responds that it is triable at law. This is material on the method of review here. The petition makes no prayer, but the court, in deciding the matter, made the judgment for costs depend upon- the statement that the petition was dismissed, evidently treating the dismissal as being a decision of the case. It is fairly clear that, while the matter is triable at law, it was treated as the trial of an equity suit. No rulings were made, and the court, instead of making an ordinary decision, orders a mere…
2Cases cited8 opinions
- Hanson v. City of CrescoSupreme Court of Iowa · 1906
- Christ v. City of Webster CitySupreme Court of Iowa · 1898
- Evans v. City of Council BluffsSupreme Court of Iowa · 1884
- Johnson v. Incorporated of Forest CitySupreme Court of Iowa · 1905
- Monk v. Incorporated Town of GeorgeSupreme Court of Iowa · 1892
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3Cited by4 opinions
- McKeon v. City of Council BluffsSupreme Court of Iowa · 1928
- Klosterman v. City of ElktonSouth Dakota Supreme Court · 1928
- Lorimor v. Incorporated Town of LorimorSupreme Court of Iowa · 1923
- Creery v. Town of OkobojiSupreme Court of Iowa · 1934