Flesher v. Groves

No motion was made in the court below for a trial on written evidence, and the trial was upon oral testimony taken before the court at the hearing. The evidence has not been certified by the trial judge and made a part of the record. The appellee objects that there cannot be a trial de now in this court. This objection cannot be ignored, but must be sustained. Code, $ 2742. Vinsant v. Vinsant, 47 Iowa, 594, and *701numerous other cases. The only exception taken appears at the conclusion of the decree, and is as follows: “To this ruling and decree the defendant, Groves, excepts.”

The abstract…