Stricker v. Holtz
Supreme Court of Iowa
Appeal from Kossuth Circuit Cowrt. Action upon a promissory note brought before a justice of the peace. On the return day the defendant, at the hour set for trial, appeared, but the plaintiff did not. Thereupon the justice dismissed the action, and made an entry in the following words: “The plaintiff did not appear, nor any one for him. The defendant appeared in person.
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Appeal from Kossuth Circuit Cowrt. Action upon a promissory note brought before a justice of the peace. On the return day the defendant, at the hour set for trial, appeared, but the plaintiff did not. Thereupon the justice dismissed the action, and made an entry in the following words: “The plaintiff did not appear, nor any one for him. The defendant appeared in person. I waited one hour, but the plaintiff not appearing I dismissed the action for want of appearance of the plaintiff, and taxed the costs against the plaintiff; and judgment is hereby rendered against the plaintiff for costs,…
1Opinion of the CourtAdams, J.
i Arrr'ALdismissal. If the decision does not affect the plaintiff’s right to recover in another action it is not final, and the error °f ^le Justice is reviewable upon writ of error ancl not upon appeal. Belding v. Torrence, 39 Iowa, 516. In that case there was a dismissal for want of jurisdiction, but the same principle is involved as in the case at bar. The appellant insists that there was at least a final judgment for costs. But costs are a mere incident to the decision. The judgment, the finality of which gives a right of appeal, must be a determination of some question affecting the…
2Cases cited1 opinion
- Belding v. TorrenceSupreme Court of Iowa · 1874
3Cited by2 opinions
- Anthes v. BooserSupreme Court of Iowa · 1900
- Lorber v. ConnorSupreme Court of Iowa · 1891