Dobbins v. Lusch, Carton & Co.
Supreme Court of Iowa
Appeal from, Butler Circuit Court This is an action for the recovery of the value of a crop of flax, raised by the defendant Francis Parker, upon land mortgaged by him to the plaintiff, after the foreclosure of the mortgage, and the sale of the mortgaged premises to the plaintiff at judicial sale, the defendant Parker continuing in possession of the premises. The cause was tried to the court, and judgment was rendered for the defendants. The plaintiff appeals.
1Opinion of the CourtDay, J.
I. The court submitted findings of fact, and conclusions of law, upon which its judgment is based. The appellant has printed in the abstract a finding of fact, which, it is conceded, is not now a part of the record of the court below. The appellee has filed an amended abstract, stating that this finding constitutes no part of the record. The appellant files a motion for leave to amend the record by inserting this finding, which, it is alleged, has been lost, and supports the motion by affidavit.
This motion must be overruled. The record upon' which the case is to be tried must be made up in…
2Cases cited1 opinion
- Reilly v. RinglandSupreme Court of Iowa · 1874
3Cited by7 opinions
- Kane v. MinkSupreme Court of Iowa · 1884
- First National Bank of Glidden v. Matt Bauer Farms Corp.Supreme Court of Iowa · 1987
- First Trust Joint Stock Land Bank v. ArmstrongSupreme Court of Iowa · 1936
- Lombard v. GregorySupreme Court of Iowa · 1894
- Korf v. HowertonSupreme Court of Iowa · 1919
2 more not listed; retrieve them via the Exa API.