Scott v. Neises
Supreme Court of Iowa
Appeal from Marshall Circuit Court. Action in equity. The plaintiff prays for the foreclosure of a mortgage, and for other relief. There was a -decree for the plaintiff. The defendant appeals.
1Opinion of the CourtAdams, J.
1. PRACTICE in supreme court: civil cause: no argument by appellant-appeal dismissed. — The appellant claims that the action is triable de novo. This the appellee denies. In support of his denial he points out wliat he claims are fatal defects in the abstract. We do not feel called upon to determine these questions. Neither party has argued the case upon the merits. Probably the appellant, being defendant, did not regard it as incumbent upon him to make any argument upon the merits', because the appellee being plaintiff, and having the right to make the opening argument, did not.. But we do…
2Cited by2 opinions
- Barnes v. Century Savings BankSupreme Court of Iowa · 1910
- Beams v. CrawfordSupreme Court of Iowa · 1892