Garmoe v. Windle

— Abtil Sturgeon was the original defendant in this case. Since the commencement of the action he deceased, and the appellants were substituted as defendants in his place and stead. This is the third *240appeal. The decision in the former appeals will be found in 65 Iowa, 147, and 67 Iowa, 700. When the first appeal was determined, the then defendant Sturgeon filed a motion, asking this court to remand the cause to the district court, with leave for him to introduce further evidence upon several stated grounds, on a trial anew in such court. This motion was overruled, and afterwards procedendo…