Smith v. Cumins & Co.
Supreme Court of Iowa
Appeal from Dicldnson Circuit Court. The defendants, T. Cumins & Co., commenced an action against Joseph L. Bingham and Hannah Bingham, his wife, to subject certain real estate, the title to which was in said Hannah Bingham, to the payment of a judgment against the said husband upon a certain stay bond.
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Appeal from Dicldnson Circuit Court. The defendants, T. Cumins & Co., commenced an action against Joseph L. Bingham and Hannah Bingham, his wife, to subject certain real estate, the title to which was in said Hannah Bingham, to the payment of a judgment against the said husband upon a certain stay bond. It was. averred in the petition, in substance, that the title to the land being in said Joseph L. Bingham he made a voluntary conveyance thereof to his said wife, which was fraudulent as against said Cumins & Co., his creditors. An issue was made in the action and depositions were taken.…
1Opinion of the CourtRothbock, J.
i. ci.ekk of entries. I. The clerk had no authority, on his owd motion, to enter any decree not warranted by the entries upon the judge’s calendar. The entries or minutes upon the calendar serve as a guide to the clerk in making the record entry. The minutes upon the calendar directed a decree dismissing the plaintiff’s petition or bill, and nothing more.
2 — -: code, section 2866. II. But if such record entry was authorized from the minutes on the calendar, we do not think this is such a case as is contemplated by the statute, requiring a complete , , „ ... . record to be made. Section 2b66…
2Cited by2 opinions
- In re Estate of EdwardsSupreme Court of Iowa · 1882
- Burke v. BurkeSupreme Court of Iowa · 1909