Independent District v. Ross
Supreme Court of Iowa
Appeal from Boone District Court. — Hon. N. B. Hyatt, Judge. TMs is a suit in equity by which the plaintiff seeks to set aside a contract for the erection of a sehoolhouse, and to enjoin the defendants from the performance of said contract, and to require them to repay to the plaintiff any money paid out in the performance of said alleged illegal contract. There was a decree for the plaintiff, from which defendant appeals.
1Opinion of the CourtRothrock, J.
*701 *69I. There can be no trial anew in this court. The judgment and decree were filed on the *70ninth, day of August, 18937' The transcript of the short hand notes of the evidence was not filed in the office of the clerk of the district court until the fifth day of April, 1894, — more than six months from the entering of the judgment and decree. Arts v. Culbertson, 73 Iowa, 13, 34 N. W. Rep. 490; State v. Roenisch, 77 Iowa, 379, 42 N. W. Rep. 325; Kavalier v. Machula, 77 Iowa, 121, 41 N. W. Rep. 590; Wise v. Usry, 72, Iowa, 74, 38 N. W, Rep. 371. This is not a case where no transcript of the evidence…
2Cases cited5 opinions
- Kavalier v. MachulaSupreme Court of Iowa · 1889
- Redding v. PageSupreme Court of Iowa · 1879
- Arts v. CulbertsonSupreme Court of Iowa · 1887
- Spelman v. GillSupreme Court of Iowa · 1888
- State v. RoenischSupreme Court of Iowa · 1889
3Cited by1 opinion
- Smith v. WellslagerSupreme Court of Iowa · 1898