Roth v. Headlee

Garfield, J.—

In effect, plaintiff-appellant asserts the question presented to us is whether there is sufficient evidence to warrant the allowance of his claim. This is a misconception. The action was tried at law without a jury. It is not reviewable here de novo but only upon the errors assigned. Rule 334, Rules of Civil Procedure; In re Estate of Hoenig, 230 Iowa 718, 720, 298 N. W. 887, 889; In re Estate of Anderson v. Application of Stason & Knoepfler, 216 Iowa 1017, 1019, 250 N. W. 183, and citations. The decision below on the facts has the force and effect of a jury verdict. Rule 334,…