Myers v. Funk
Supreme Court of Iowa
Appeal from Adair Circuit Court. The plaintiff brought an action to set aside, on the ground of fraud, a conveyance to the defendants of six hundred and eighty acres of land. The evidence in the cause consisted of depositions and documentary evidence.
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Appeal from Adair Circuit Court. The plaintiff brought an action to set aside, on the ground of fraud, a conveyance to the defendants of six hundred and eighty acres of land. The evidence in the cause consisted of depositions and documentary evidence. At the March Term, 1875, of the Adair Circuit Court, the cause came on to be heard, and a part of the testimony of plaintiff was introduced, when the judge of said court suggested that he would prefer to take the papers in said cause home with him to Des Moines, and there examine them and determine the cause in vacation. Neither party objected,…
1Opinion of the CourtDay, J.
i. jmisracmission of agreement. — The only question which the record presents pertains to the jurisdiction of the court to determine the cause-during the vacation following the April Term, 1876. As appears from the record, the testimony in the cause was all documentary and depositions, and the evidence was ready for submission at the March *94Term, 1875. At that term a part of the testimony on the part of the plaintiff was introduced, when the court expressed a preference for taking the papers with him,, and examining and determining the cause in vacation. Neither party objected to this…
2Cited by3 opinions
- Babcock v. WolfSupreme Court of Iowa · 1886
- Whitlock v. WadeSupreme Court of Iowa · 1902
- Landt v. RemleySupreme Court of Iowa · 1901