Howerton v. Augustine
Supreme Court of Iowa
Appeal from Mahaska District Court. — Hon. Byron W. Preston, Judge. Action for damages for false representation in the sale of land. There was a verdict and judgment for the plaintiff. The defendant has appealed. Appellee plaintiff challenges the sufficiency of the record for the purpose of an appeal and in an amended abstract denies the preservation of the evidence.
1Opinion of the CourtEvans, J.
Appellee has filed a motion to dismiss the appeal for want of sufficient record. Such motion has been submitted with the case, and we give our first consideration to it.
The trial below was completed March 5, 1910. On that day an alleged certification of the evidence was signed by the presiding judge and the reporter, and filed by the clerk. The sufficiency of such certification is challenged by the appellee on the ground that the certificate was written in shorthand only. The question presented is: Was it a sufficient compliance with Code, sections 3675, 3749, 3752, 3753, to attach to the…
2Cases cited3 opinions
- Hofacre v. City of MonticelloSupreme Court of Iowa · 1905
- Smith v. WellslagerSupreme Court of Iowa · 1898
- Co-Operative Bank v. MeldrumSupreme Court of Iowa · 1905
3Cited by2 opinions
- Brody v. ArmstrongSupreme Court of Alabama · 1921
- Bear v. SullivanSupreme Court of Iowa · 1919