Legal Opinion

Exchange Bank v. Pottorfe

Supreme Court of Iowa

Decided December 12, 1895PublishedCited by 6 opinions

Appeal from Davis District Court. — Hon. H. C. Traverse, Judge. Appellants’ abstract shows that on August 16, 1894, plaintiff filed a petition alleging, in substance, as follows: That about September, 1888, Banks M. Winton died intestate, leaving Nellie M. Winton, his widow, and Charles, Jessie, and Ralph Winton, minors, his only children, surviving him.

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Appeal from Davis District Court. — Hon. H. C. Traverse, Judge. Appellants’ abstract shows that on August 16, 1894, plaintiff filed a petition alleging, in substance, as follows: That about September, 1888, Banks M. Winton died intestate, leaving Nellie M. Winton, his widow, and Charles, Jessie, and Ralph Winton, minors, his only children, surviving him. That he died seized of a certain forty-acre tract of land, occupied as a homestead, and an undivided five-ninths interest in two other forty-acre tracts, cornering with each other, and with said homestead forty. He left personal property…

1Opinion of the Court

Given, O. J.

1 On May 13, 1895, appellees filed a motion to dismiss this appeal for the reason that appellants had not made, served, or filed any assignment of errors. Section 4, article 5, of the constitution, invests this court with appellate jurisdiction in cases in chancery, and constitutes it a court for the correction of errors at law. Section 2742 of the Code provides that in equitable actions, wherein issues of fact are joined, the evidence shall be taken in writing, be made part of the record, “and go on appeal to the supreme court, which shall try the cause anew.” It is certainly…

2Cases cited4 opinions

  1. Andrews & Smith v. Burdick & GobleSupreme Court of Iowa · 1883
  2. Powers v. County of O'BrienSupreme Court of Iowa · 1880
  3. Patterson v. JackSupreme Court of Iowa · 1882
  4. Early v. BurtSupreme Court of Iowa · 1886

3Cited by6 opinions

  1. Lessenich v. SellersSupreme Court of Iowa · 1903
  2. Smith v. WellslagerSupreme Court of Iowa · 1898
  3. Estate of Culver v. MorrowSupreme Court of Iowa · 1911
  4. Hews v. StonebreakerSupreme Court of Iowa · 1906
  5. Kistner v. ConerySupreme Court of Iowa · 1899

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