Town of Manson v. Ware
Supreme Court of Iowa
Appeal from Buena Vista District Court. This action was brought on a written contract executed, as claimed by the plaintiff, by the mayor on the part of the town, and O’Conner & Ware, whereby the latter agreed to drill a well, upon certain terms and conditions, for the plaintiff.
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Appeal from Buena Vista District Court. This action was brought on a written contract executed, as claimed by the plaintiff, by the mayor on the part of the town, and O’Conner & Ware, whereby the latter agreed to drill a well, upon certain terms and conditions, for the plaintiff. It was stated in the petition that the defendant was a member of the partnership of O’Connor & Ware, and that they had failed to comply with the contract on their part, whereby the plaintiff was damaged. The defendant alone answered the petition, and he denied the partnership and pleaded other defenses. There was a…
1Opinion of the CourtSeevers, J.
1. Practice in Supreme Court: transcript: when not required: effect of failure to file. I. A motion has been filed by the appellee to strike the evidence out of the bill of exceptions, because it 110^ sufficiently identified; and for the same reason appellee moves the court to strike the bill of exceptions from the files. The appellee also moves the court to dismiss the appeal, because no transcript has been filed.
As to the last motion, it is sufficient to say that the uniform practice is not to dismiss the appeal for the reason stated, but to order a transcript to be filed, and continue the…
2Cases cited3 opinions
- Hill v. HollowaySupreme Court of Iowa · 1879
- Byington v. Woodward & WardeSupreme Court of Iowa · 1859
- Mather v. Butler CountySupreme Court of Iowa · 1871
3Cited by10 opinions
- Vickers v. Philip Carey Co.Supreme Court of Oklahoma · 1915
- Stolar v. TurnerSupreme Court of Iowa · 1945
- Clifford v. Denver, S. P. & P. R.Supreme Court of Colorado · 1888
- Brown v. WheelerSupreme Court of Kansas · 1901
- Haughton v. BilsonSupreme Court of Kansas · 1911
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