Hawkeye Insurance Co. v. Huston
Supreme Court of Iowa
Appeal from, Jones District Court. — -HoN. W. G. Thompson, Judge. IN September, 1894, the defendant D. P. Huston recovered a judgment by default against the plaintiff on a policy of fire insurance issued to him. The application for such policy was taken by one W. H. Gordon, whose office-was in Olin, in Jones county.
Read the full summary
Appeal from, Jones District Court. — -HoN. W. G. Thompson, Judge. IN September, 1894, the defendant D. P. Huston recovered a judgment by default against the plaintiff on a policy of fire insurance issued to him. The application for such policy was taken by one W. H. Gordon, whose office-was in Olin, in Jones county. Before suit was brought on the policy, Gordon died, and notice of suit was served on one-F. M. Khodes, whom the plaintiff alleges was its soliciting agent residing at Auamosa, Iowa, but whom the defendants in their answer allege conducted the business pertaining to the agency of…
1Opinion of the CourtSheewin, J.
This is an equity case, and the record has not been preserved and certified so that it is triable de novo in this court, and we have no evidence before us. The order on motion dissolving the temporary writ of injunction wasmot a final adjudication of the merits of the controversy, and can only be considered by us, if at all, on proper assignment of errors. It is doubtful whether .there is an assignment of errors in this case which gives us power to review the action of the trial court and we are inclined to the view that the motion to affirm for want *395thereof, submitted with the case, should…
2Cited by3 opinions
- McCarthy v. Bowling Green Storage & Van Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Martin v. Stewart Motor SalesSupreme Court of Iowa · 1955
- Martin v. Stewart Motor SalesSupreme Court of Iowa · 1955