Cartwright v. Copess
Supreme Court of Iowa
Appeal from Jones Circuit Cowrt. Action for judgment on a promissory note and for the foreclosure of a mortgage. The defense pleaded was usury, and upon a trial a judgment- and decree were rendered for the plaintiff. Defendant appeals.
1Opinion of the CourtRothrock, J.
The appellant’s abstract does not purport to bo an abstract of all the evidence. And it does not appear therefrom that any of the evidence was preserved by certificate or bill of exceptions, or otherwise. The plaintiff makes the question that the case cannot be tried anew in this court, and cannot be tried upon errors because no errors are assigned. *196The position of appellee is well taken. It is true he files an additional abstract, but it is for the most part negative in its character. For example, it strikes out the entire testimony of the defendant and the testimony of another of his most…
2Cited by1 opinion
- Shattuck v. Burlington InsuranceSupreme Court of Iowa · 1889