Legal Opinion

Wilson v. Blair

Supreme Court of Iowa

Decided December 10, 1880PublishedCited by 2 opinions

Appeal from Madison Circuit Court. Action in equity for the specific performance of a written contract for the conveyance of real estate. There was a decree for the plaintiff, and defendants appeal.

1Opinion of the CourtSeevers, J.

— Ho errors are assigned, and it is objected by the appellee that the abstract does not purport to contain all the evidence.

We are constrained to say the objection is well taken. The trial judge certified the transcript contained all the evidence, but it is not before us and the abstract fails to state all the evidence is contained therein, and in fact it shows affirmatively that certain exhibits which were introduced in evidence have been omitted therefrom. We cannot, therefore, reverse or modify the decree below. Overholt et al. v. Esmay et al., 54 Iowa, 748.

Aeeirmed.

2Cases cited1 opinion

  1. Overholt v. EsmaySupreme Court of Iowa · 1880

3Cited by2 opinions

  1. Johnson v. KaeserCalifornia Supreme Court · 1925
  2. Schwab v. RobertsSupreme Court of Iowa · 1935