Tague v. Benner

Supreme Court of Iowa

Tague v. Benner

33 N.W. 156, 71 Iowa 651

DecidedJune 11, 1887

StatusPublished

This text of 33 N.W. 156 (Tague v. Benner) 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

Tague v. Benner, 33 N.W. 156, 71 Iowa 651 (iowa 1887).

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Opinion

Rothrock, J.

The abstract does not show that any ruling was made upon the objections to the report. It does not [652]*652appear what the objections were, and the record is silent as to whether or not the report was approved and confirmed. It does appear that certain affidavits were offered by the defendants on the hearing of the motion.. These were excluded, exceptions were taken, and error is assigned upon the ruling; but it is not shown what the'affidavits contained. It is apparent that we cannot reverse the case upon this record. It is impossible to determine whether the court erred in excluding the affidavits unless we are advised of their contents. They may have been upon facts not pertinent to any issue in the case, and we cannot entertain an appeal unless the record presented to us shows that the court below entered a judgment or order from which an appeal may be taken. The appeal must be

Dismissed.

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Rothrock, J.

The abstract does not show that any ruling was made upon the objections to the report. It does not [652]*652appear what the objections were, and the record is silent as to whether or not the report was approved and confirmed. It does appear that certain affidavits were offered by the defendants on the hearing of the motion.. These were excluded, exceptions were taken, and error is assigned upon the ruling; but it is not shown what the'affidavits contained. It is apparent that we cannot reverse the case upon this record. It is impossible to determine whether the court erred in excluding the affidavits unless we are advised of their contents. They may have been upon facts not pertinent to any issue in the case, and we cannot entertain an appeal unless the record presented to us shows that the court below entered a judgment or order from which an appeal may be taken. The appeal must be

Dismissed.

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Bluebook (online)

33 N.W. 156, 71 Iowa 651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tague-v-benner-iowa-1887.