67 Iowa 279 | Iowa | 1885
Counsel for appellee contends that upon this record the cause is not triable de novo in this court, and we think the correctness of this position must be admitted. Under section 2742, McClain’s Statute (chapter 35, Acts Nineteenth General Assembly,) this court has jurisdiction to try an ecpiitable action anew only when the evidence has been taken down in writing and certified by the judge within the time allowed for the appeal in the cause and made part of the record. It is impossible to determine from the record before us whether the certificate was made within the time prescribed or not. It should be made to appear affirmatively that it was signed at the proper time. We cannot presume that it was so signed. See Mitchell v. Laub, 59 Iowa, 36.
The appeal will be
Dismissed.