Furenes v. Servertson

• Decision Date: 11 April 1896
• Citation: 66 N.W. 918
• Parties: FURENES ET AL. v. SERVERTSON ET AL.
• Court: Iowa Supreme Court

66 N.W. 918

FURENES ET AL.

v.SERVERTSON ET AL.

Supreme Court of Iowa.

April 11, 1896.

Appeal from district court, Story county; S. M. Weaver, Judge.

Action in equity for the partition of certain real estate. Decree for plaintiffs, and defendants appeal. Affirmed.M. P. Webb, for appellants.

E. H. Addison, D. J. Vinge, and W. G. Harvison, for appellees.

KINNE, J.

1. The condition of this record is such that it is unnecessary to consume space by a recital of the matters in controversy in this action. The abstract filed by appellants purports to be an agreed abstract of the record, signed by the attorneys for all of the parties. This is all there is in the paper to indicate that it purports to contain the entire record of the proceedings in the case, and it would, in the absence of a denial by appellees, be sufficient. Appellees, however, file an additional abstract, expressly denying that the abstract filed by appellants was agreed upon by the parties or their attorneys, and denying that the same “contains a full, fair, or complete abstract of the record in this case.” They then say that, for the purpose of presenting the true record, they file the additional abstract. At the end of this additional abstract is the following statement: “The foregoing abstract contains material additions and corrected portions of the record in this cause, but, taken together with appellant's abstract, does not contain a full, complete, and correct abstract of the pleadings and record in this cause, including all the rulings of the court therein, and exceptions taken thereto.” Appellant files no denial of appellees' abstract or reaffirmance of the correctness of his own. From the above it appears that appellants' abstract is denied, and it is averred that the two abstracts do not present the entire case. Under such circumstances we cannot consider the case upon its merits. Being an equity cause, triable de novo in this court, it must affirmatively appear that we have a correct abstract of the entire cause. Under such circumstances the decree below must be affirmed. See Kunz v. Young (decided at this term) 66 N. W. 879, and cases cited therein. Affirmed.