Cox v. Macy
Supreme Court of Iowa
Appeal from Hardin District Court. — Hon. John L. Stevens, Judge. jAction to enjoin and restrain the collection of a tax voted by the electors of the township of Alden, Hardin county, to aid in the construction of the Forest City & Southern Railway on the ground of defectsin the proceedings and non-compliance with the conditions of the vote. A decree granting the relief prayed for was, upon a trial on the merits, rendered for plaintiffs. Defendants appeal.
1Opinion of the CourtBeck, J.
— The case is not in a condition permitting us to examine and try it upon the merits, for the following reasons:
I. It is not presented upon an agreed abstract.' Plaintiffs allege that it does not appear that the evidence upon which the case was based is before us. There is no agreed abstract, but defendants file the original pleadings, evidence and other papers in the case, including the certificate of the evidence made by the judge trying the case. The statute requires a transcript of the records, except the evidence, ,to be sent here on appeal. Code, secs. 3179, 3181. The abstract can only…
2Cited by3 opinions
- Moore v. WatermanNebraska Supreme Court · 1894
- Lookabill v. Foulks Bros.Supreme Court of Iowa · 1891
- State v. TowerSupreme Court of Iowa · 1895