O'Hare v. Leonard
Supreme Court of Iowa
Appeal from Floyd District Court. In November, 1864, the appeal in this cause (being an appeal from a justice’s judgment) was dismissed, because there was no United States revenue stamp affixed to .the process by which it was transferred to the District Court. In May, 1865, the appellant moved to reinstate the case, because the “ transcript was then stamped; because it was erroneously dismissed, and because a stamp was not necessary.”
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Appeal from Floyd District Court. In November, 1864, the appeal in this cause (being an appeal from a justice’s judgment) was dismissed, because there was no United States revenue stamp affixed to .the process by which it was transferred to the District Court. In May, 1865, the appellant moved to reinstate the case, because the “ transcript was then stamped; because it was erroneously dismissed, and because a stamp was not necessary.” Appellee (the plaintiff) objected to any action being taken on said motion, and resisted the application. The motion to reinstate was sustained, plaintiff…
1Opinion of the CourtWeight, J.
i prac™ín¿ of1' recor ‘ Appellee insists that there was no error in reinstating the case, for the reason that the judgment of dismissal was not operative, inasmuch as the records of the November Term were not signed by the judge. By section 2665 of the Revision, however, it is provided that the delay to sign the records shall not prevent an execution from issuing, and that all other proceedings may take place as though the record had been approved and signed. Plaintiff was, therefore, as fully entitled to his procedendo, to carry out the order of dismissal, as though the record had been…
2Cited by3 opinions
- Traer Bros. v. WhitmanSupreme Court of Iowa · 1881
- Lutton v. BakerSupreme Court of Iowa · 1919
- Farmers Savings Bank v. NeelSupreme Court of Iowa · 1922