Hodgin v. Toler
Supreme Court of Iowa
Appeal from Taylor Oirouit Gourf. AgtioN in equity to set aside a deed conveying certain real estate. There was a reference, and the referee made a finding of facts, which he reported to the court, together with his conclusions of law. The defendants filed a motion to confirm the report, and the plaintiff to set it aside on the ground that his finding of facts and conclusions of law were erroneous. The former motion was sustained, and the latter overruled.
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Appeal from Taylor Oirouit Gourf. AgtioN in equity to set aside a deed conveying certain real estate. There was a reference, and the referee made a finding of facts, which he reported to the court, together with his conclusions of law. The defendants filed a motion to confirm the report, and the plaintiff to set it aside on the ground that his finding of facts and conclusions of law were erroneous. The former motion was sustained, and the latter overruled. A judgment was entered denying the relief asked by the plaintiff, and she appeals;
1Opinion of the CourtSeevebs, J.
I. No exceptions were taken by appellant to the findings and conclusions of the referee, or to the over„ J.> PItAGJ.1013 J equity case: exceptions, ruling of the motion to set aside the report, or o x • *o the judgment; and, as the evidence is not in £|ie regoj.^ it is said that a trial anew cannot be had, and that, as no exceptions were taken, the erroneous ruling of the referee and court cannot be considered. To this the appellant responds that no exceptions are required in equity causes. Section 2831 of the Code, so provides. This has reference to trials anew in this court; but where a…
2Cases cited11 opinions
- Conklin v. Egerton's AdministratorNew York Supreme Court · 1839
- Shawhan v. LofferSupreme Court of Iowa · 1868
- Lees v. WetmoreSupreme Court of Iowa · 1882
- Edwards & Beardsley v. Cottrell & BabcockSupreme Court of Iowa · 1876
- Ingle v. JonesSupreme Court of the United States · 1870
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3Cited by18 opinions
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- Martin v. Fidelity & Deposit Co.Supreme Court of Iowa · 1934
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- MIDDLESEX CTY. SEWER. AUTH. v. Bor. of MiddlesexNew Jersey Superior Court Appellate Division · 1962
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