Legal Opinion

Wills v. Neilan

Supreme Court of Iowa

Decided May 25, 1893PublishedCited by 2 opinions

Appeal from Woodbury District Court. — Hon. Scott M. Ladd, Judge. Action in detinue to recover a certain certificate of deposit for thirty-five dollars. Judgment was entered for the plaintiff. The defendant appeals. The amount in controversy being less than one hundred dollars, the appeal is upon a certificate of the trial judge, as follows: “Wilber F. Wills v. Martin Neilan, as Police Judge of Sioux City, Iowa.

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Appeal from Woodbury District Court. — Hon. Scott M. Ladd, Judge. Action in detinue to recover a certain certificate of deposit for thirty-five dollars. Judgment was entered for the plaintiff. The defendant appeals. The amount in controversy being less than one hundred dollars, the appeal is upon a certificate of the trial judge, as follows: “Wilber F. Wills v. Martin Neilan, as Police Judge of Sioux City, Iowa. “The undersigned, judge of said court, hereby certifies that the above case involves the determination of a question of law upon which it is desirable to have the opinion of the…

1Opinion of the CourtGiven, J.

Our inquiries are limited to the questions of law stated in the certificate, and these we are to decide in the light of the specific facts certified that relate to those questions. The specific facts certified are that the appellant, sitting as a police judge, found the appellee guilty of an offense over which that court had jurisdiction, and, as authorized by law, entered judgment against the appellee that he pay a fine of ten dollars, or be imprisoned in the city jail for three days. At the same time the appellant, as police judge, ordered that ten dollars of the certificate of deposit…

2Cited by2 opinions

  1. State v. OliverSupreme Court of Iowa · 1927
  2. City of Lead v. KlattSouth Dakota Supreme Court · 1902

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