Boyle v. Mallett

Supreme Court of Iowa

Boyle v. Mallett

25 N.W. 757, 67 Iowa 516

CourtSupreme Court of Iowa

DecidedDecember 11, 1885

StatusPublished

Cited by1 cases

This text of 25 N.W. 757 (Boyle v. Mallett) 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

Boyle v. Mallett, 25 N.W. 757, 67 Iowa 516 (iowa 1885).

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Opinion

Reed, J.

Counsel for appellant have argued certain questions of fact,'which they claim arise under the evidence. We cannot consider these questions. It is not shown by the abstract that the evidence offered or introduced on the trial was ever certified by the judge of the circuit court, as is required by the statute; nor is it in any manner made to appear that all of the evidence is contained in the abstract. The cause cannot, therefore, be tried cte novo in this court; and, as there is no assignment of errors, we cannot treat it as an ordinary action. The judgment must therefore be

Affirmed.

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Reed, J.

Counsel for appellant have argued certain questions of fact,'which they claim arise under the evidence. We cannot consider these questions. It is not shown by the abstract that the evidence offered or introduced on the trial was ever certified by the judge of the circuit court, as is required by the statute; nor is it in any manner made to appear that all of the evidence is contained in the abstract. The cause cannot, therefore, be tried cte novo in this court; and, as there is no assignment of errors, we cannot treat it as an ordinary action. The judgment must therefore be

Affirmed.

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Bluebook (online)

25 N.W. 757, 67 Iowa 516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyle-v-mallett-iowa-1885.

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