Durand v. Northwestern Life & Savings Co.
Supreme Court of Iowa
Appeal from Polls District Court. — Hon. S. E. Prouty, Judge. Suit in equity to set aside a judgment of the district-court. The trial court sustained a demurrer to plaintiff’s-petition, and plaintiff appeals.-
1Opinion of the CourtDekmer, J.
Plaintiff commenced an action before a justice of the peace, and recovered judgment against the defendant for the sum of one cent. Defendant gave oral notice of appeal, and within 20 days thereafter perfected his-appeal by filing bond. Subsequently the justice certified all *297the papers, with a transcript of his proceedings, to the district court. Thereafter, and at the May term of the district court, a judgment was rendered against plaintiff on.default for the sum of $12.30. No written notice of appeal was ever-served on plaintiff, and he did not appear to the action in the district court. .…
2Cases cited5 opinions
- McGinn v. ButlerSupreme Court of Iowa · 1870
- Quillan v. WindsorSupreme Court of Iowa · 1858
- Holloway v. BakerSupreme Court of Iowa · 1858
- May v. WilsonSupreme Court of Iowa · 1865
- Seeberger v. MillerSupreme Court of Iowa · 1866
3Cited by1 opinion
- Sanderson v. Board of School DirectorsSupreme Court of Iowa · 1931