Legal Opinion

Everling v. Holcomb

Supreme Court of Iowa

Decided September 5, 1888PublishedCited by 3 opinions

Appeal from Union District Court. — Hon. John W. Harvey, Judge.. Action for the recovery of damages on account of an alleged fraud in the sale of real estate. Verdict and judgment for plaintiff. Defendant appeals.

1Opinion of the CourtReed, J.

*' fifing oient' *7252. Bui. of ex-reference to notesof evidenoe" *724I. Upon the overruling of the motion for a new trial the district court granted defendant thirty-days within which to settle and file his bill of exceptions. Within that time he filed a “skeleton bill,” properly signed by the judge. The evidence was taken down by the stenographer, who at the close of tjie trial deposited his short-hand notes with the clerk, but the latter neither indorsed them “Filed,” nor entered any memorandum of their filing in the appearance docket. They remained in the office of the clerk for a time, when they…

2Cases cited3 opinions

  1. State v. BriggsSupreme Court of Iowa · 1886
  2. Padden v. MooreSupreme Court of Iowa · 1882
  3. Nickson v. BlairSupreme Court of Iowa · 1882

3Cited by3 opinions

  1. Wilson v. WrightSupreme Court of Iowa · 1971
  2. Simmons v. SimmonsSupreme Court of Iowa · 1894
  3. Wilson v. WrightSupreme Court of Iowa · 1971

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