Stein v. McAuley
Supreme Court of Iowa
Appeal from Polk District Gourt. — Hon. W. H. McHenry, Judge. Suit in equity for the foreclosure of a chattel mortgage upon certain household goods. Defendants pleaded a waiver of the mortgage and an estoppel, based upon an attachment of the goods by the plaintiff in a civil suit against them. Plaintiff by motion challenged these defenses, but his motion was overruled. The case was then tried to the court, resulting in a decree dismissing the petition. Plaintiff appeals.
1Opinion of the Court
Deemer, C. J.-
i. Appeal: objection to jurisdiction: how made. I. Our attention upon oral argument was called to the fact that the record showed no jurisdiction in this court, for the reason that there is no showing that any decree had ever been entered in the case. This point is not raised in any of the printed matter filed in the case. There is nothing in appellee’s contention, for the reason that the record shows all the orders and the judgment complained of. Moreover, it is provided by statute that: “All objections to the jurisdiction of the court to entertain an appeal must be made in…
2Cases cited33 opinions
- Whitmore v. TatumSupreme Court of Arkansas · 1891
- Dorris v. MillerSupreme Court of Iowa · 1898
- Barchard v. KohnIllinois Supreme Court · 1895
- Crawford v. NolanSupreme Court of Iowa · 1886
- Evans v. WarrenMassachusetts Supreme Judicial Court · 1877
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3Cited by15 opinions
- Henderson Tire & Rubber Co. v. GregoryCourt of Appeals for the Eighth Circuit · 1926
- Gardner v. Gauthier Et Ux.Supreme Court of Vermont · 1928
- In Re Estate of KahlSupreme Court of Iowa · 1930
- Flores v. StoneCalifornia Court of Appeal · 1913
- Smith v. MangelsArizona Supreme Court · 1952
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