Brown v. Melloon
Supreme Court of Iowa
Appeal from Sac District Court. — Hon. M. E. Hutchison, Judge. Action originally commenced before a justice of peace to recover compensation for shelling corn. The justice rendered judgment for plaintiff and defendant appealed to the district court. When the case reached the latter court, plaintiff filed a motion to dismiss the appeal because no sufficient appeal bond was filed. This motion was overruled.
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Appeal from Sac District Court. — Hon. M. E. Hutchison, Judge. Action originally commenced before a justice of peace to recover compensation for shelling corn. The justice rendered judgment for plaintiff and defendant appealed to the district court. When the case reached the latter court, plaintiff filed a motion to dismiss the appeal because no sufficient appeal bond was filed. This motion was overruled. The ease' then went to trial, resulting in a judgment for defendant, and plaintiff appeals.
1Opinion of the CourtDeemer, C. J.
1. Justice oe tiie peace : bonds: failure to mark “filed” : non-jurisdictional defects. The sole question presented by the appeal is the correctness of the trial court’s ruling on the motion to dismiss. Code Sec. 4552 provides in substance:
‘ ‘ The appeal is not perfected until a bond in the following form, or its equivalent, is taken and filed in the office of the justice or clerk as above provided, in an amount sufficient to secure the judgment and costs of appeal:
“The undersigned acknowledge ourselves indebted to ' ........................in the sum of............dollars, upon the following…
2Cases cited34 opinions
- Bean v. ParkerMassachusetts Supreme Judicial Court · 1822
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- Hall v. ParkerMichigan Supreme Court · 1877
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