Legal Opinion

Tootle, Livingston & Co. v. Phœnix Ins.

Supreme Court of Iowa

Decided December 10, 1883PublishedCited by 3 opinions

Appeal from Woodbury Circuit Cowt. Action on a policy of insurance against loss by fire. Trial by jury; verdict and judgment for plaintiff; and defendant appeals.

1Opinion of the CourtSeevers, J.

There was submitted with the case a motion to strike out the evidence, because the same is not properly identified and preserved by a bill of exceptions.

In an amended abstract, to which there is no denial, the bill of exceptions is set out in full. It is recited therein that “ the plaintiffs, to maintain the issue upon their part, introduced the following evidence, objections to which, and the rulings of the court thereon, and the exceptions of the defendant then and there, are noted in the following record in said evidence: (here follows plaintiff’s evidence.) And the defendant, to maintain…

2Cases cited2 opinions

  1. Hill v. HollowaySupreme Court of Iowa · 1879
  2. Reid v. MasonSupreme Court of Iowa · 1863

3Cited by3 opinions

  1. Wooster v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1888
  2. Asbach v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1892
  3. Manwell v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1894

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