Leftwick v. Thornton
Supreme Court of Iowa
Appeal fi-om Pollc District Court. This action was originally brought before a justice of the peace. By the original notice the defendant was notified “that C. Leftwick and A. J. Barton in behalf of the M. E. Church at Rising Sun, Polk county, Iowa, claimed of him fifty dollars as justly due said M. K Church, on a verbal contract made by bim with the trustees of said M. E. Churcb of which C. Leftwick is president, and A. J. Barton is secretary,” &c.
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Appeal fi-om Pollc District Court. This action was originally brought before a justice of the peace. By the original notice the defendant was notified “that C. Leftwick and A. J. Barton in behalf of the M. E. Church at Rising Sun, Polk county, Iowa, claimed of him fifty dollars as justly due said M. K Church, on a verbal contract made by bim with the trustees of said M. E. Churcb of which C. Leftwick is president, and A. J. Barton is secretary,” &c. This notice was signed thus: “C. Leftwick, president, A. J. Barton, secretary of the board of trustees of M. E. Church, Rising Sun, Polk county,…
1Opinion of the Court
Dillon, J
1. Practice: error of law by justice. 2. Appeal: irregularities. There can be no doubt that this action ought properly to have been brought in the corporate name th® church; and that the decision of the justice on the defendant’s demurrer was erroneous, This judgment of the justice might have been reversed upon writ of error. But instead of suing out this : writ the defendant appealed, which brought up “ the cause for trial in the District Court on its merits, and for no other purpose; and all errors, irregularities and illegalities were therefore to be disregarded.” Rev., § 3932;…
2Cases cited2 opinions
- Hall v. MonahanSupreme Court of Iowa · 1855
- Ruddick v. VailSupreme Court of Iowa · 1858
3Cited by4 opinions
- Belding v. TorrenceSupreme Court of Iowa · 1874
- Young v. RannSupreme Court of Iowa · 1900
- Davis v. RobinsonSupreme Court of Iowa · 1925
- Griswold v. BowmanSupreme Court of Iowa · 1875