Hogan v. Perkins Bros. Co.

The action was begun at law. On defendant’s motion the cause was transferred to the equity calendar for trial. Plaintiff amended and moved to retransfer to law. His motion was overruled. The court ordered a reference. Plaintiff complains of these three rulings. He preserved, however, no exception to either. They are, therefore, not subject to review in this Court. Code, 1931, Sections 10949, 11537; Stork v. Stork, 202 Iowa 196, 197; Jewett Lumber Co. v. Anderson Coal Co., 181 Iowa 950.

II. The cause was tried to a referee who reported his findings to the court. The court referred the case back…