Meader v. Allen
Supreme Court of Iowa
Appeal from Osceola District Court. — ITon. F. B,. Gaynor, Judge. Action in equity to recover on a contract tbe price for sinking a well, and to establish a mechanic’s lien therefor. From a decree in plaintiff’s favor, defendant appeals.—
1Opinion of the CourtWaterman, J.
1 There is a motion to strike from the record all of the evidence, on the ground that it has not been properly preserved. The stenographer who reported the case was not the official reporter, and was not sworn, but the judge appended a proper certificate to the transcript of the testimony after the shorthand notes had been transcribed. This was enough. The reporter was *590an officer de facto. It- can hardly he the duty of parties litigant to investigate before a trial the right of the court officials to act in their several capacities. The motion will be overruled. Etter v. O’Neil, 83 Iowa,…
2Cases cited4 opinions
- Jackson & Sons v. MottSupreme Court of Iowa · 1888
- Curtiss v. City of WaterlooSupreme Court of Iowa · 1874
- Spencer & Co. v. MoranSupreme Court of Iowa · 1890
- Etter v. O'NeilSupreme Court of Iowa · 1891
3Cited by5 opinions
- Rice v. Friend Bros.Supreme Court of Iowa · 1917
- Western Electric Co. v. BaerthelSupreme Court of Iowa · 1905
- Evans v. N. B. McElfreshSupreme Court of Kansas · 1911
- McColl v. Bear Creek Coal Mining Co.Supreme Court of Iowa · 1913
- Thomas v. FisherWest Virginia Supreme Court · 1925