128 Iowa 694 | Iowa | 1905
Counsel for appellants insist that as the abstract filed by them makes it appear that the case was submitted to the trial court upon an agreed statement of facts, reduced to writing, there was a substantial compliance with section 3652 of the Code;, that there was then.no occasion for the certificate of the trial judge. One trouble with this contention is that the abstract of appellant makes it appear that iri addition to the agreed statement, the depositions of witnesses were taken and used upon the trial. The materiality of the evidence so taken is not material to the question we have to consider. Moreover, the agreed statement of facts submitted to the court amounted to no more than a matter of evidence, and as the same, was not certified and preserved as required by law, and especially as the same does not appear to have been filed, we have no means of identifying the evidence or of determining whether all thereof is properly before us. The case of Black v. Howell, 56 Iowa, 630, is not an authority to the contrary. That was a law action, and the holding was that an agreed statement of facts signed by the parties and filed in the case obviated the necessity
Counsel for appellants also urge that there was ,an error in computation of the amount due as made by' the court. We conclude otherwise. .Taking the amount of the loan as evidenced by the note given, and accepting of the payments made and dividends credited as stated in the petition, and computing according to our rule as laid down in Iowa Deposit & Loan Co. v. Matthews, 126 Iowa, 743, the balance found due does not exceed the amount carried into the decree.— Affirmed.