Legal Opinion

Durand v. Northwestern Life & Savings Co.

Supreme Court of Iowa

Decided October 22, 1900PublishedCited by 1 opinion

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

  1. McGinn v. ButlerSupreme Court of Iowa · 1870
  2. Quillan v. WindsorSupreme Court of Iowa · 1858
  3. Holloway v. BakerSupreme Court of Iowa · 1858
  4. May v. WilsonSupreme Court of Iowa · 1865
  5. Seeberger v. MillerSupreme Court of Iowa · 1866

3Cited by1 opinion

  1. Sanderson v. Board of School DirectorsSupreme Court of Iowa · 1931

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API