57 Iowa 510 | Iowa | 1881
The court gave this instruction with the following modification: “That the sale would be valid unless the plaintiff accepted of the bill for the purpose of hindering the creditors of Sweet, Jr., in collecting their claim. If accepted for that
The plaintiff complains’ of the entire charge of the court, but does not distinctly point out any objections which are of sufficient importance to authorize a reversal.
1. No transcript has been filed, and hence we have not been furnished any means of determining the first ground of the motion.
2. It is shown by a certified copy of the records of the court that it adjourned on the 6th day of November. The abstract shows that the judge certified to the evidence on the 10th day of December. A rule of the court provides that “bills of exceptions may be settled after the adjournment of the term, unless objection be made and entered of record in term, and without such objection the parties will be presumed conclusively to consent thereto. Within thirty days after the adjournment, the party excepting shkll prepare his bill and serve a copy thereof upon the attorney of the opposite party, who shall be deemed to consent to the correctness of the same, unless within ten days thereafter he shall serve amendments upon the attorney from whom he received a copy of the bill, and within ten days thereafter such bill of exceptions shall be settled by the
Upon the contrary the judge may have fifty days from the adjournment of the term within which to settle the bill. The motion must be overruled. For the errors considered the judgment is
Reversed.