94 Iowa 296 | Iowa | 1895
I. Tbe petition is in tbe ordinary-form of a declaration for a personal injury. We' do not think it is necessary to set out tbe pleadings. Tbe issues will be understood by the evidence which we will refer to, and by tbe discussion of tbe facts and questions of law involved in tbe case. Tbe following is tbe
II. It appears from appellant’s abstract that the railroad was operated by a receiver, and that application was made to the court for leave to commence the action, and that the application was .sustained. Appellee presented a motion to- strike from the abstract all that part thereof relating to the application for permission to bring the suit, because it is no part of the record in this appeal. It is immaterial whether the motion be sustained or overruled. No mention is made of the application in the petition, and no issue is- made by the answer involving the right of the plaintiff to commence and maintain the action,- and that right does not appear to have been questioned on the trial. The .judgment of the district court is reversed.