Bryant & Co. v. Fink
Supreme Court of Iowa
Appeal from Cedar District Court. — Hon. J. H. Preston, Judge. On tbe seventh day of February, 1887, defendant Fink executed to intervenor Shawver a chattel mortgage covering a stock of merchandise in a building then occupied by him as a general store ; also the furniture and fixtures therein, and all book-accounts and notes pertaining to the business, to secure two promissory notes, one for five hundred and twenty dollars, and the other for nine hundred dollars, due,…
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Appeal from Cedar District Court. — Hon. J. H. Preston, Judge. On tbe seventh day of February, 1887, defendant Fink executed to intervenor Shawver a chattel mortgage covering a stock of merchandise in a building then occupied by him as a general store ; also the furniture and fixtures therein, and all book-accounts and notes pertaining to the business, to secure two promissory notes, one for five hundred and twenty dollars, and the other for nine hundred dollars, due, respectively, in sixty days and six months from that date. On the tenth of the same month he executed two additional…
1Opinion of the CourtReed, J.
1. Appeal: practice: trial de novo: kind of action. — I. A question arises as to the manner of the trial in this court. Appellees contended that the cause should be regarded as an ordinary action, and be governed as to the trial by the rules applicable to that class of cases : while appellant claimed that the proceeding is in the nature of an action in equity, and is triable de noto. We find it unnecessary to determine to which class of actions the proceedings properly belonged originally ; for we are satisfied by the record that in the trial below both the parties and the court regarded it…
2Cited by5 opinions
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