Emery v. Leighton
Supreme Court of Iowa
Appeal from Wapello District Court. — Seneca Cornell, Judge. Jones & Ricard, who had operated a restaurant known as the Imperial Grill in.Ottumwa for about three months, on September 15, 1916, filed a general assignment for the benefit of creditors to E. EL Emery, as assignee. Notice such as required was given, and lie duly qualified.
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Appeal from Wapello District Court. — Seneca Cornell, Judge. Jones & Ricard, who had operated a restaurant known as the Imperial Grill in.Ottumwa for about three months, on September 15, 1916, filed a general assignment for the benefit of creditors to E. EL Emery, as assignee. Notice such as required was given, and lie duly qualified. The building occupied belonged tó A. G. Leighton, and had been leased by him to Jones & Ricard at a monthly rental of $125, payable monthly in advance. Rent accrued at the time of the assignment amounted to $132.50, and the rent during the six months following…
1Opinion of the CourtLadd, J.
1. Appeal and error: abstracts: sufficiency: presumption. I. Counsel for appellee challenge the sufficiency of the record, in that the abstract is not certified by the attorneys of appellant; and does not refer to the bill of exception, nor recite the preservation of the evidence. .None of these -were essential to the review of rulings complained of. The printed abstract is presumed (to contain the record. Section 4118 of the Code.- In the absence of denial, correction, or statements therein to the contrary, the abstract is presumed to contain such evidence and other matters of record with…
2Cases cited19 opinions
- Davenport Plow Co. v. LampSupreme Court of Iowa · 1890
- Galvin v. State ex rel. CrouchIndiana Supreme Court · 1877
- Meyer v. EvansSupreme Court of Iowa · 1885
- Garner v. FrySupreme Court of Iowa · 1898
- Kirchman v. Standard Coal Co.Supreme Court of Iowa · 1901
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