51 Iowa 406 | Iowa | 1879
Sections 2744 and 2745 are as follows: “2744. Except where otherwise provided cases shall be tried at the first term after legal and timely service has been made.” “2745. The appearance term shall not be the trial term for equitable actions, except those brought for. divorce, to foreclose mortgages, and other instruments of writing whereby a lien or charge on property is created, orto enforce mechanic’s liens.”
It is contended by counsel for appellant that, construing all these sections together, the order requiring the evidence to be taken .by deposition was erroneous because the appearance term is the trial term in actions to foreclose mortgages. But it seems to us that the language of chapter 145 of the Acts of the Seventeenth General Assembly admits of no other construction than that given it by the court below. It applies to all equitable actions wherein issue of fact is joined, and provides that the court may order the evidence, or any part thereof, to be taken in the form of depositions. Section 2742, as originally enacted, contemplated that the evidence in actions for the foreclosure of mortgages, for divorce, etc., should not be reduced to writing, and that appeals therein
Affirmed.