Cheney v. McColloch
Supreme Court of Iowa
Appeal from KeokuTc District Court. — Hon. D. Ryan, Judge. Suit to partition certain real estate belonging to the estate of Martin Pfaff, deceased. The trial court dismissed plaintiffs’ petition, and they appeal.—
1Opinion of the CourtDeemer, J.
1 The case was tried as in equity, and the trial judge made a certificate in which he said “that the foregoing record contains all the evidence offered and introduced on the trial.” The abstract recites that it contains all the evidence offered and introduced upon the trial. Neither of these statements is sufficient to present the case for trial de novo. Wallick v. Pierce, 102 Iowa, 746: Reed v. *251Larrison, 77 Iowa, 399; Bank v. Ash, 85 Iowa, 74, and cases cited therein.
2
3 Appellants’ counsel have assigned errors, but with one exception, a solution of the errors complained of depends upon a…
2Cases cited8 opinions
- Morrow v. WeedSupreme Court of Iowa · 1856
- State v. WellsSupreme Court of Iowa · 1883
- Myers v. DavisSupreme Court of Iowa · 1877
- Widner v. HuntSupreme Court of Iowa · 1856
- Boone v. MitchellSupreme Court of Iowa · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Doyle v. DuckworthSupreme Court of Iowa · 1910