Supreme Court of Iowa October 10, 1898 (Van Wagenen v. Parsons)

Granger, J.

*2651 *264We should not lose sight of the fact that this appeal is from an order in effect granting a new trial. *265The court did, in terms, set aside the report of the referee, and grant a new trial. The law authorizes a new trial after a report of a referee. Code 1873, section 2837. This is a law action, to be considered here on assignments of error.