3 Iowa 514 | Iowa | 1856
The basis, of this bill is an alleged error in law, apparent on the face of the original decree, and not from any new fact or facts which have arisen since the rendition thereof. And this error is claimed to be shown in this: that from the decree, the contract was manifestly void by the statute of frauds. In determining this question, are we confined in our examination to the decree itself, or may we look into the entire proceedings, including the bill, answer, and other proceedings constituting the record ? In England, the decree recites the substance of the bill and pleadings, and the facts on which the court found its decree. In this country, however, decrees in chancery are usually general, without any such particular reference or statement of facts. And yet, as we understand it, under our practice, on a bill of review, the bill, answer, and other proceedings, are as much a part of the record as the decree itself. It is not permitted to go into the evidence at large, either to support the decree or to sustain an objection to it, under either practice; for this would permit the inquiry, whether the
Appellant’s counsel insist, however, that this contract was
There are other considerations quite as conclusive, which might be referred to in support of tbe ruling of tbe court below, in dismissing tbe bill for want of equity. But as tbe foregoing are, to our minds, entirely satisfactory, and dispose of tbe case, we need not place tbe opinion upon other grounds.
Judgment affirmed.