Johnson v. Moser
Supreme Court of Iowa
Appeal from Dubuque District Oourt. Plaintiff recovered a money judgment against defendant in the district court. Execution was issued on this judgment, and the same was levied on certain portions of a four-story brick building in the city of Dubuque. Also on a frame warehouse and shed situated on the same premises. Defendant thereupon notified the sheriff that he claimed the whole of the premises as his homestead.
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Appeal from Dubuque District Oourt. Plaintiff recovered a money judgment against defendant in the district court. Execution was issued on this judgment, and the same was levied on certain portions of a four-story brick building in the city of Dubuque. Also on a frame warehouse and shed situated on the same premises. Defendant thereupon notified the sheriff that he claimed the whole of the premises as his homestead. Three referees were then selected in the manner prescribed by section 2002 of the Code, who proceeded to examine and ascertain the facts of the case. They returned to the district…
1Opinion of the CourtEeed, J.
1. TtEFERbnce: exoeptions to eon-Luv^appeal-record. The referees filed with their report the evidence introduced by the parties on the hearing before them, and on which they acted in making their findings of fact. o o this evidence was not preserved by bill of _ , •> excepfi°ns; nor is any portion of it contained in the transcript or abstract on which the case was submitted. Certain questions were also submitted by plaintiff to the referees, and their finding of facts was made in answer to these questions, but the questions themselves are not embodied in the report, nor are they contained in…
2Cases cited1 opinion
- Rhodes, Pegram & Co. v. McCormickSupreme Court of Iowa · 1857
3Cited by10 opinions
- Smith v. Guckenheimer & SonsSupreme Court of Florida · 1900
- In Re the Marriage of McMorrowSupreme Court of Iowa · 1983
- Johnson v. MoserSupreme Court of Iowa · 1887
- Cass County Bank v. WeberSupreme Court of Iowa · 1891
- Olsen v. LohmanSupreme Court of Iowa · 1944
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