Harper v. Albee
Supreme Court of Iowa
Appeal from Webster District Court. Trial before a justice of the peace, and verdict of the jury for the plaintiff. No judgment was rendered on this verdict by the justice. Defendant upon the return of the jury appealed to the District Court. At the next term of the District Court for Webster county, the plaintiff obtained a rule upon the justice to amend his transcript.
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Appeal from Webster District Court. Trial before a justice of the peace, and verdict of the jury for the plaintiff. No judgment was rendered on this verdict by the justice. Defendant upon the return of the jury appealed to the District Court. At the next term of the District Court for Webster county, the plaintiff obtained a rule upon the justice to amend his transcript. Under this rule, he proceeded to enter up judgment for the plaintiff, and returned a new transcript from bis docket thus amended. Defendant moved to dismiss bis appeal, which was overruled by the court, and the judgment of…
1Opinion of the CourtBaldwin, J.
The appellant assigns as error the ruling of the court below upon the motion to dismiss the appeal and the rendition of a judgment upon the amended transcript.
An appeal lies from the final judgment of the justice, Code section 2328, but not from the verdict of a jury. 2 G. Greene 245 ; lb. 454; 7 Iowa 23. It was the duty of the justice to enter up judgment forthwith after the verdict of the jury. Having failed to enter up Such judgment for nearly sixty days after the day of trial, his right to do so was then gone. The rule issued in this case, directing the justice to amend his transcript,…
2Cases cited1 opinion
- Guthrie v. HumphreySupreme Court of Iowa · 1858
3Cited by6 opinions
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- Goodenow v. PerrySupreme Court of Iowa · 1861
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