Parks v. Garner

Supreme Court of Iowa

Parks v. Garner

41 N.W. 601, 77 Iowa 154, 1889 Iowa Sup. LEXIS 142

DecidedFebruary 5, 1889

StatusPublished

This text of 41 N.W. 601 (Parks v. Garner) 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

Parks v. Garner, 41 N.W. 601, 77 Iowa 154, 1889 Iowa Sup. LEXIS 142 (iowa 1889).

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Opinion

Beck, J.

This case is here for trial de novo. The abstract fails to allege, or show, that it is an abstract of all the evidence. The certificates of the judge and reporter are printed in the abstract, showing that all the evidence is contained in the report of the short-hand reporter. This it has been often held is not sufficient. As the case is triable de novo, and the abstract upon which it is submitted to us fails to show that it is an abstract of all the evidence, it cannot be reviewed upon this appeal. The decree of the district court must be

Affirmed.

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Beck, J.

This case is here for trial de novo. The abstract fails to allege, or show, that it is an abstract of all the evidence. The certificates of the judge and reporter are printed in the abstract, showing that all the evidence is contained in the report of the short-hand reporter. This it has been often held is not sufficient. As the case is triable de novo, and the abstract upon which it is submitted to us fails to show that it is an abstract of all the evidence, it cannot be reviewed upon this appeal. The decree of the district court must be

Affirmed.

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Bluebook (online)

41 N.W. 601, 77 Iowa 154, 1889 Iowa Sup. LEXIS 142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parks-v-garner-iowa-1889.