Fritzler v. Robinson
Supreme Court of Iowa
Appeal from Keokuk Circuit Court. ActioN on an agreement for a lease of coal land. Judgment for plaintiff. Defendant appeals. Plaintiff and wife, being owners and occupants of certain real estate, executed a coal lease therefor to the defendant in consideration of the payment of five cents per ton royalty for coal mined, or $300 per year, provided the royalty did not amount to that sum, and also the right to have coal for home consumption.
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Appeal from Keokuk Circuit Court. ActioN on an agreement for a lease of coal land. Judgment for plaintiff. Defendant appeals. Plaintiff and wife, being owners and occupants of certain real estate, executed a coal lease therefor to the defendant in consideration of the payment of five cents per ton royalty for coal mined, or $300 per year, provided the royalty did not amount to that sum, and also the right to have coal for home consumption. Plaintiff brought this action for the recovery of $300 for the first year, and $25 for failure to deliver coal for home use. Defendant answered, denying…
1Opinion of the CourtRothrooK, J.
A question is raised as to the manner in which this cause is to be tried in this court; — whether upon 1. PRACTICE in supreme court: trial de novo where cause tried as equitable action below. errors, or de novo on the evidence, which has been reduced to writing.
It appears from the record that the whole of the evidence was reduced to writing on the hearing, which was had before the court, and, by an order entered in the case, the evidence was taken down by the official short-liand reporter, was made a part of the record, and on the evidence then introduced the case was taken under advisement…
2Cases cited2 opinions
- Allen v. HammondSupreme Court of the United States · 1837
- Van Orman v. MerrillSupreme Court of Iowa · 1869
3Cited by19 opinions
- Stevens v. . MelcherNew York Court of Appeals · 1897
- Christopher & Tenth Street Railroad v. Twenty-third Street Railway Co.New York Court of Appeals · 1896
- Virginia Iron, Coal & Coke Co. v. GrahamSupreme Court of Virginia · 1919
- Cosden Oil & Gas Co. v. MossSupreme Court of Oklahoma · 1928
- Edler v. HascheWisconsin Supreme Court · 1887
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