Stathis v. Pappas

2 Citing cases

  1. Smith v. Coutant

    232 Iowa 887 (Iowa 1942)   Cited 32 times
    In Smith v. Coutant, 232 Iowa 887, 6 N.W.2d 421, we held that a tenant under a written lease could estop himself by his acts from being entitled to the November 1st notice.

    We have so held in a number of cases. See Pappas v. Stathis, 174 N.W. 230 (not reported in Iowa Reports), where we said: "`We are of the opinion that this is not a record which we can undertake to review or pass upon. Where it appears that an equitable issue has been heard and decided upon evidence offered by the contending parties, neither can appeal and secure a reversal of the decree below on the merits of the case without laying before this court, in some form, the testimony on which the trial court acted.

  2. McGrath v. Mott

    294 N.W. 891 (Iowa 1940)   Cited 2 times

    We have so held in a number of cases. See Pappas v. Stathis, 174 N.W. 230 (not reported in Iowa Reports), where we said: "We are of the opinion that this is not a record which we can undertake to review or pass upon. Where it appears that an equitable issue has been heard and decided upon evidence offered by the contending parties, neither can appeal and secure a reversal of the decree below on the merits of the case without laying before this court, in some form, the testimony on which the trial court acted.