Legal Opinion

Berryhill v. Smith

Supreme Court of Iowa

Decided April 26, 1879PublishedCited by 1 opinion

Appeal from Johnson Circuit Court. Action to foreclose a mortgage. There was a trial on the issues joined to the court, a,finding and decree for plaintiff, and defendants appeal.

1Opinion of the Court

Seevers, J., lábil1actions: oraer‘ — It is insisted by tbe appellee that this cause cannot be tried de novo in this court, and must, therefore, be affirmed. The March Term, 1877, was the appearance term. The issues were then settled, and it became known there was for trial an issue of fact. No motion was made, at that time or any other, for a trial on written evidence; nor did the court order at that time that the cause should be so tried.

The trial was at the following September Term, and no order was made at that time for a trial on written evidence, except as will be presently stated.

Upon…

2Cases cited4 opinions

  1. Clough v. SeaySupreme Court of Iowa · 1878
  2. Richards v. HintragerSupreme Court of Iowa · 1876
  3. Hammersham v. FairallSupreme Court of Iowa · 1876
  4. Trescott v. BarnesSupreme Court of Iowa · 1877

3Cited by1 opinion

  1. Blunk v. WalkerSupreme Court of Iowa · 1928

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