10 Iowa 512 | Iowa | 1860
A motion is made in this case to dismiss the' appeal, for the reason that the record raises no question which this as an appellate court can entertain and determine. It seems that the whole case, including the facts thereof, had been submitted to the court.. From the evidence adduced the court found certain facts, from which he held, that the law was with the defendant, and accordingly rendered a judgment against the plaintiff for costs. No exception was taken to the decision of the court, nor was any motion made for a new trial. Plaintiff appeals and assigns for error, that the court below rendered judgment for defendant instead of the plaintiff.
There seems to be some confusion of ideas as well as diversity of opinion among the bar, as to the true mode of
The question then recurs, whether it should appear of record that the facts thus found had been thus entered at the request of either party before this court could take jurisdiction of the cause. We hold that a fair construction of this section of the Code does not mean that the request, as well as the facts and the conclusions of the court thereon, must be entered of record. It is not usual to encumber the record with the facts of a case, and when it is done in the manner set forth in this cause, we will presume that it was done at the request of one or both of the parties.
The motion is overruled and the cause set down for hearing.
. This cause was afterwards heard) and the judgment helow affirmed without any written opinion.