Carlton v. Brock
Supreme Court of Iowa
Appealfrom Wapello District Cowt. — Hon. J. C. Mitchell, Judge. Action in equity by the guardian of the children of defendant to recover certain pension money drawn by defendant, and to make the same a lien upon certain real estate, and for an accounting. Prom a decree dismissing plaintiff's bill, be appeals.
1Opinion of the CourtKinne, J.
This is an equity ease, and triable de novo in this court. Appellee, in an abstract filed, insists that the ease is not in a condition to be thus tried. He avers that the abstract of appellant does not contain all of the pleadings, nor claim to be a full or correct abstract of them, or of the evidence or record of the case; that the abstract does not in fact contain all of the evidence; that the evidence has never been preserved or identified by certificate of the judge, or otherwise. These claims are not denied by appellant, and must therefore be taken as true. In the absence of a statement…
2Cases cited2 opinions
- Peoria Steam Marble Works v. LinesenmeyerSupreme Court of Iowa · 1890
- Polk County v. NelsonSupreme Court of Iowa · 1888