52 Iowa 238 | Iowa | 1879
Upon the issues raised by these pleadings, the cause was tried to the court upon oral testimony. The cross-bill of Bishop Hennessy was dismissed and judgment rendered for plaintiff The case is not triable de novo in this court.
Plaintiff insists that the appeal was not taken within six months after the rendition of the judgment, and no exceptions were taken to the judgment, and, therefore, the cause cannot be tried in this court. We think the abstract does not support these positions as to the facts. By a fair interpretation of the language of the abstract it appears that the appeal was taken in time, and the j udgment was duly excepted to when rendered.
The cause not being triable here de novo, we cannot disturb the judgment of the court below, unless it appears that it is so without the support of the evidence as to authorize the conclusion that it was the result of passion or prejudice, and not the fair and intelligent exercise df the discretion of the court, or unless there appears to be an utter absence of evidence to-support the court’s conclusion.
Reversed.