70 Iowa 500 | Iowa | 1886
A question is raised as to the manner in which this cause is to be tried in this court; — whether upon
It appears from the record that the whole of the evidence was reduced to writing on the hearing, which was had before the court, and, by an order entered in the case, the evidence was taken down by the official short-liand reporter, was made a part of the record, and on the evidence then introduced the case was taken under advisement to be argued in vacation, and judgment and decree entered in vacation. This order was made at the March term, 1885; both parties being present. At the September term of the same year the cause was continued by
The aj>pellant insists that the court erred in sustaining a motion to strike out a part of an amendment to the answer, but a-.careful examination of the pleading convinces us that the portion struck out might be regarded as redundant; and we think the motion vvas properly sustained.
The first branch of tho equitable defense, set up by the defendant is that the contract in question does not express
It appears very clear, however,-from the evidence, that the lease or conveyance was executed, delivered and received
KeVEESED.