62 Iowa 672 | Iowa | 1883
The defendant demurred to the plaintiff’s petition. The plaintiff filed a motion to strike the demurrer from the files. The court, upon hearing, overruled the motion. Afterward the plaintiff called up the motion again for hearing, and the court sustained the motion, and ordered that the demurrer be stricken from the files, to which action of the court the defendant excepted. The case in that condition was referred to a referee. No answer was filed. A hearing was had before the referee, at which, however, the defendant did not appear. Some evidence was taken, and a report filed by the referee in favor of the plaintiff, which the court affirmed. Several questions are presented by the defendant,
The case is full of irregularities and complications. ITow far the appellant’s counsel is responsible for them we need not determine. The questions necessarily involved in the outset Avere simple enough. If the case shall be tried again, it is to be hoped that those questions, and those alone, will arise for determination. The judgment of the circuit court must be reversed.
We ought, perhaps, to say that the appellee has filed a motion and amended abstract, assailing the record upon the ground that no bill of exceptions was filed.
The question above determined arises upon the record with-' out a bill of exceptions.
Reversed.