Maclay v. Bunkers
Supreme Court of Iowa
Appeal from Dubuque District Court. The defendants, B. Bunkers & Co., were merchants dealing in hardware at Dyersville, Dubuque county. On the 2d day of June, 1875, they executed a chattel mortgage on their stock of hardware, to the defendant, H. D. Bunkers. On the 10th day of August, 1875, they made a general assignment, for the benefit of their creditors, to said H. D. Bunkers.
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Appeal from Dubuque District Court. The defendants, B. Bunkers & Co., were merchants dealing in hardware at Dyersville, Dubuque county. On the 2d day of June, 1875, they executed a chattel mortgage on their stock of hardware, to the defendant, H. D. Bunkers. On the 10th day of August, 1875, they made a general assignment, for the benefit of their creditors, to said H. D. Bunkers. The assignee took possession of the partnership property, and entered upon the discharge of his duties. On the 9th day of November, 1875, said H. D. Bunkers presented Iris petition to the court below, setting out…
1Opinion of the CourtRothrock, J.
I. It is not claimed in the argument of counsel for appellant that this proceeding is in the nature of an equitable action, and triable anew in this court. If, however, the issues are of an equitable character there can be no trial de novo here, because it appears that the cause was tried in the court below upon oral evidence taken in open court, and it does not appear that anv motion was made for a trial upon written evidence, or that the court caused the evidence offered on the trial to be taken down in writing and certified by the judge, as required by Sec. 2742 of the Code.
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2Cited by3 opinions
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