Keith v. Conway Savings Bank
Supreme Court of Iowa
Appeal from Taylor District Court. — Thomas L. Maxwell, Judge. Suit in equity to enjoin an execution sale of alleged partnership property to satisfy a judgment against one of the alleged partners. The alleged partnership consisted of a husband and wife and their two sons. Their business was transacted wholly in the name of the wife, Emma Keith. There was a trial, in the nature of an accounting.
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Appeal from Taylor District Court. — Thomas L. Maxwell, Judge. Suit in equity to enjoin an execution sale of alleged partnership property to satisfy a judgment against one of the alleged partners. The alleged partnership consisted of a husband and wife and their two sons. Their business was transacted wholly in the name of the wife, Emma Keith. There was a trial, in the nature of an accounting. The finding of the trial court was that the interest of the execution defendant in the partnership property was in a sum in excess of the amount of the execution, and decree was entered accordingly.…
1Opinion of the CourtEvans, J.
In the consideration of the appeal, the fact questions are determinative. We are confronted with a motion by the appellee to strike the evidence contained in appellant’s abstract, and to affirm on the ground that the evidence was not properly preserved and made of record, as required by the statute. The facts put forth in support of such motion are undisputed. The case came on for trial in the district court on April 29, 1915. At the conclusion of the taking of evidence, the record shows the following entry: “Evidence closed by agreement of counsel.” A future date was set for argument, May…
2Cases cited4 opinions
- Smith v. WellslagerSupreme Court of Iowa · 1898
- Calef v. ColeSupreme Court of Iowa · 1895
- First National Bank v. Redhead, Norton, Lathrop & Co.Supreme Court of Iowa · 1897
- Yetzer v. WilesSupreme Court of Iowa · 1894