Wallick v. Pierce
Supreme Court of Iowa
Appeal from Cedar District Court. — Hon. William P. Wole, Judge. Suit in equity to enjoin defendant from trespassing upon the property of one John M. May, and from removing stone therefrom. The defendant denied the plaintiff’s ownership of the land, from which he had removed stone, and averred the fact to be that the land which May claimed to own, and from which he removed the rock, was a part of the bed of the Cedar river, which is a navigable stream.
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Appeal from Cedar District Court. — Hon. William P. Wole, Judge. Suit in equity to enjoin defendant from trespassing upon the property of one John M. May, and from removing stone therefrom. The defendant denied the plaintiff’s ownership of the land, from which he had removed stone, and averred the fact to be that the land which May claimed to own, and from which he removed the rock, was a part of the bed of the Cedar river, which is a navigable stream. The case was tried to the court, resulting in a decree dismissing the plaintiff’s petition, and they appeal.—
1Opinion of the CourtDeemer, J.
This is an equity cause, triable here de novo if at all, and the abstract must show that we have all the evidence offered, received, or introduced. A statement that it contains all the evidence introduced and received is not sufficient, for we must have all the evidence offered, whether received or rejected by the lower court. Reed v. Larrison, 77 Iowa, 399; Taylor v. Kier, 54 Iowa, 645; Tuttle v. Story County, 56 Iowa, 316; Marble Works v. Linesenmeyer, 80 Iowa, 253; Bank v. Ash, 85 Iowa, 74. The statement made by appellant with reference to this matter is that “the abstract is a full, true,…
2Cases cited5 opinions
- Taylor & Co. v. KierSupreme Court of Iowa · 1880
- Peoria Steam Marble Works v. LinesenmeyerSupreme Court of Iowa · 1890
- Second National Bank of Monmouth v. AshSupreme Court of Iowa · 1892
- Tuttle v. Story CountySupreme Court of Iowa · 1881
- Reed v. LarrisonSupreme Court of Iowa · 1889
3Cited by1 opinion
- Cheney v. McCollochSupreme Court of Iowa · 1897