Mentzer v. Davis
Supreme Court of Iowa
Appeal from Marion District Gourt.- — IíoN. A. W. Wilkin-sow, Judge. Tins is a contest over the right to hold the office of •sheriff of Marion county. The board of supervisors, acting as a canvassing board, found that the incumbent had a plurality of one vote over the contestant. Contestant •appealed, and the court of contest, authorized by statute, found that he (contestant) was elected. Incumbent served notice of appeal to the district court, but gave no bond.
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Appeal from Marion District Gourt.- — IíoN. A. W. Wilkin-sow, Judge. Tins is a contest over the right to hold the office of •sheriff of Marion county. The board of supervisors, acting as a canvassing board, found that the incumbent had a plurality of one vote over the contestant. Contestant •appealed, and the court of contest, authorized by statute, found that he (contestant) was elected. Incumbent served notice of appeal to the district court, but gave no bond. The •district court, after hearing all the evidence, directed a verdict for contestant, and incumbent appeals.
1Opinion of the CourtDeemer, J.
Appellee says we have no jurisdiction of tbe case (1) because no proper notice of appeal was given-from the decision of the court of contest; (2) because incumbent gave no- bond after serving his notice of appeal; and (3) because incumbent consented to and requested the finding made by the court of contest.
In support of the first point, he says the notice of appeal was served before the decision of the court of contest was announced. There is no- doubt that the notice was 1 served before any formal entry of judgment was made by the court. But we think the trial court was justified in finding…
2Cases cited6 opinions
- Davenport v. OlerichSupreme Court of Iowa · 1897
- Genella v. RelyeaCalifornia Supreme Court · 1867
- Kehoe v. BlethenNevada Supreme Court · 1876
- Robertson v. Eldora Railroad & Coal Co.Supreme Court of Iowa · 1869
- Bremer County Bank v. Bremer CountySupreme Court of Iowa · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Coffey v. GambleSupreme Court of Iowa · 1902
- Martin v. MartinSupreme Court of Iowa · 1904
- DeLong v. BrownSupreme Court of Iowa · 1901
- Donlan v. CookeSupreme Court of Iowa · 1931
- Murphy v. LentzSupreme Court of Iowa · 1906
16 more not listed; retrieve them via the Exa API.