Ill. Cent. R. Co. v. Hamilton Cnty.

• Decision Date: 09 July 1908
• Citation: 116 N.W. 1049
• Parties: ILLINOIS CENT. R. CO. v. HAMILTON COUNTY ET AL.
• Court: Iowa Supreme Court

116 N.W. 1049

ILLINOIS CENT. R. CO.

v.HAMILTON COUNTY ET AL.

Supreme Court of Iowa.

July 9, 1908.

Appeal from District Court, Hamilton County; W. D. Evans, Judge.

“Not to be officially reported.”

This is an appeal from a drainage district assessment. Affirmed.N. P. Hyatt, W. S. Kenyon, and Thos. D. Healy, for appellant.

D. C. Chase and J. M. Blake, for appellees.

PER CURIAM.

The appeal in this case was taken on the 3d day of August, 1907. The abstract was filed on the 14th day of September, 1907, and under rule 44 the appellant's argument was due 30 days before the day assigned for the hearing of the case, which was May 5, 1908. The argument was not served until the 6th day of April, 1908, and the defendant moved to have the case submitted on the briefs and arguments on file when default was made, which motion was ordered submitted with the case. No sufficient reason is shown for the delay in filing the argument, and the defendant was clearly entitled to have the case submitted without it. There being no argument for the appellant under this holding, the case must be affirmed, under the rule of the following cases: McCormick Harvesting Machine Co. v. McCormick, 128 Iowa, 155, 103 N. W. 204;Miller v. Machinery Mut. Ins. Co. (Iowa) 109 N. W. 118.

Affirmed.