Simplot v. City of Dubuque
Supreme Court of Iowa
Appeal from Dubuque Circuit Court. Action in chancery to restrain the defendant from entering upon and improving, as a street, a small tract of land adj acent to, and claimed by plaintiffs to be a part of, lot 530, in the city of Dubuque, the title and possession of which are in them. There was a decree dismissing plaintiffs’ petition, from which they appeal. The facts of the case appear in the opinion.
1Opinion of the CourtBeck, J.
I. The defendant insists in argument that this cause cannot be considered for the reason that no transcript of the record has been filed. Under our practice this objec*631tion must be raised by motion, and not after submission upon tbe argument. It may be further said that a transcript was filed before the cause was finally submitted.
II. It is also insisted that there is no bill of exceptions or certificate showing the testimony upon which the case was tried. This objection must be presented by an amended abstract, and cannot be first urged upon the argument.
1. MvstciPAL estoppel.10"' III. The…
2Cases cited2 opinions
- Davies v. HuebnerSupreme Court of Iowa · 1877
- Bullis v. NobleSupreme Court of Iowa · 1873
3Cited by26 opinions
- Coos County v. StateOregon Supreme Court · 1987
- Krause v. City of El PasoTexas Supreme Court · 1907
- Paine Lumber Co. v. City of OshkoshWisconsin Supreme Court · 1895
- Weber v. City of Iowa CitySupreme Court of Iowa · 1903
- Bayard v. Standard Oil Co.Oregon Supreme Court · 1901
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