Mitchell v. Cahalan
Supreme Court of Iowa
Appeal from Fayette Circuit Court. Action in chancery to require defendants, one of whom is a road supervisor, and the others sureties on his official bond, to restore a water-course, changed by defendant, the road supervisor, to its original channel, and to recover damages, resulting from the change. There was a decree in the court below for defendants. Plaintiff appeals.
1Opinion of the CourtBeck, J.
The case, if reviewed in this court at all, is triable ele novo.
The abstract upon which it is submitted to us fails to allege, or show in any manner, that it contains all the evidence. Upon this ground defendants object to the consideration of the case in this court. ¥e have often held that we will not try a case de novo, unless the abstract shows that it contains all the evidence upon which it was tried in the court below, and offered by the parties.
The plaintiff prints with his abstract the certificates of the judge trying the case, and of the clerk of the court, which are attached to the…
2Cases cited1 opinion
- Rice v. Plymouth CountySupreme Court of Iowa · 1880