Fisher v. Harber
Supreme Court of Iowa
Appeal from Mahaska District Court. Suit in justice’s court, and judgment for the defendant. The plaintiff appealed to the District Court. The judgment was rendered on the 10th of May, 1859. The next term of the District Court, (which appellant alleges was a special term,) was commenced on the 5th day of July, 1859, and was adjourned to the 10th of August of the same year. On the 6th August, the transcript was filed in the office of the clerk of the District Court.
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Appeal from Mahaska District Court. Suit in justice’s court, and judgment for the defendant. The plaintiff appealed to the District Court. The judgment was rendered on the 10th of May, 1859. The next term of the District Court, (which appellant alleges was a special term,) was commenced on the 5th day of July, 1859, and was adjourned to the 10th of August of the same year. On the 6th August, the transcript was filed in the office of the clerk of the District Court. On the 17th of the same month the judgment of the justice was affirmed, on the motion of the appellee, because the transcript was…
1Opinion of the CourtStocetoN, J.
The District Court affirmed the judgment of the justice for the reasons, as stated in the bill of exceptions, that the return of the justice was not made to the District Court, five days before the next term after the judgment was rendered by him. See Code, section 2340.
We think this judgment must be reversed. Where the appeal is allowed ten days before a term of the District *294Court, it is the duty of the justice to make bis return to the office of the clerk of the District Court, at least five days before the term. Eor the failure of the justice to make this return in the time prescribed, the…
2Cited by1 opinion
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