Phillips v. Shelton
Supreme Court of Iowa
Appeal from, the Polk District Court. Specific Performance. In the district court, one Smith filed a statement that he was a creditor of the respondent, and had attached the land claimed by complainant. This statement was not sworn to. There is nothing to show that Smith was made a party, nor that any steps were taken by him, farther than to file said statement. Decree for complainant, and Smith appeals.
1Opinion of the Court
'Weight, C. JV
— This appeal must be dismissed. Smith was never made a party to the proceedings in the court below, nor is there sufficient to show, that he has any such interest in the litigation as entitles him to be heard in this court. If the district court had determined that he could not be made a party, he might have asked us to re-examine that question. But until some question has been adjudicated, to which he was a party, he has no right to appeal. Ilis remedy, if any he has, lies in another direction.
Appeal dismissed, and judgment affirmed.
2Cited by4 opinions
- Ballard v. KennedySupreme Court of Florida · 1894
- State v. Florida Central RailroadSupreme Court of Florida · 1876
- Garberson v. GarbersonSupreme Court of Iowa · 1950
- Loving v. EdesSupreme Court of Iowa · 1859