Austin v. Walker

Supreme Court of Iowa

Austin v. Walker

7 N.W. 8, 54 Iowa 755

DecidedOctober 7, 1880

StatusPublished

This text of 7 N.W. 8 (Austin v. Walker) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Austin v. Walker, 7 N.W. 8, 54 Iowa 755 (iowa 1880).

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Opinion

Seevfrs, J.

The motion to set aside the sale was not based wholly on matters appearing of record, and the attempt was made to bring them to the attention of the court by affidavits. The appellee insists the abstract fails to show all the evidence before the court below is contained therein. This, upon examination, we are constrained to say is correct. It'has been fre^ anently held-that we cannot revise or modify a judgment unless the abstract' affirmatively shows all the evidence is contained therein.

Affirmed.

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Seevfrs, J.

The motion to set aside the sale was not based wholly on matters appearing of record, and the attempt was made to bring them to the attention of the court by affidavits. The appellee insists the abstract fails to show all the evidence before the court below is contained therein. This, upon examination, we are constrained to say is correct. It'has been fre^ anently held-that we cannot revise or modify a judgment unless the abstract' affirmatively shows all the evidence is contained therein.

Affirmed.

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Bluebook (online)

7 N.W. 8, 54 Iowa 755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/austin-v-walker-iowa-1880.