Legal Opinion

County of Woodbury v. Lambert

Supreme Court of Iowa

Decided June 9, 1879Published

Appeal from Woocttnvry District Court. "■ Action to foreclose a mortgage. Several defenses .were interposed.. There was a reference, and a finding of facts by the referee. The report of the referee was confirmed by the court, and judgment in accord therewith for the defendants. The plaintiff appeals.

1Opinion of the CourtSeevebs, J.

— It is strenuously insisted by the appellees that this cause is not triable de novo, and as no errors have been assigned there must be an affirmance, as was ruled in Maclay v. Bunker’s Assignee, 46 Iowa, 700, and Vinsant v. Vinsant, 47 Id., 594.

A careful examination of appellant’s abstract discloses the following facts: The petition was filed in March, 1875. In April following the defendants filed their answers, and in October, 1875, the reply was filed. The cause was then at issue, but it does not appear anything further was done at that term.

In October, 1876, the defendant 3?. I. Lambert…

2Cases cited1 opinion

  1. Maclay v. BunkersSupreme Court of Iowa · 1877

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