Dumont v. Barrall

Supreme Court of Iowa

Dumont v. Barrall

19 Iowa 567

DecidedOctober 10, 1865

StatusPublished

This text of 19 Iowa 567 (Dumont v. Barrall) 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

Dumont v. Barrall, 19 Iowa 567 (iowa 1865).

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Opinion

Dillon, J.

By the Revision, the cause was triable by the second method. (Rev., § 3000.) No exceptions were taken by the appellant; no motion for a new trial was made by him; nor was the evidence, against the weight of which he claims the decree to be, embodied in or preserved by a bill of exceptions. In a case of this kind, we cannot act upon a certificate of the clerk, “ that the foregoing is all of the testimony in the cause.” The case at bar is like Docterman v. Webster, 15 Iowa, 522. This is certainly so, as between the parties now before us — probably so as to all parties. It is unlike Henderson v. Legg, 16 Iowa, 484.

Affirmed.

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Dillon, J.

By the Revision, the cause was triable by the second method. (Rev., § 3000.) No exceptions were taken by the appellant; no motion for a new trial was made by him; nor was the evidence, against the weight of which he claims the decree to be, embodied in or preserved by a bill of exceptions. In a case of this kind, we cannot act upon a certificate of the clerk, “ that the foregoing is all of the testimony in the cause.” The case at bar is like Docterman v. Webster, 15 Iowa, 522. This is certainly so, as between the parties now before us — probably so as to all parties. It is unlike Henderson v. Legg, 16 Iowa, 484.

Affirmed.

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Bluebook (online)

19 Iowa 567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dumont-v-barrall-iowa-1865.

Opinion

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