Anderson v. Park
Supreme Court of Iowa
Appeal from Greene District Court. The defendant Park, was at the time of the acts complained of justice of the peace for Junction township, Greene county. His codefendants were sureties upon his official bond. In August, 1880, the plaintiff was convicted of an assault and battery before the defendant Park, as justice of the peace, and was sentenced to ten days imprisonment in the county jail, and was committed to jail.
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Appeal from Greene District Court. The defendant Park, was at the time of the acts complained of justice of the peace for Junction township, Greene county. His codefendants were sureties upon his official bond. In August, 1880, the plaintiff was convicted of an assault and battery before the defendant Park, as justice of the peace, and was sentenced to ten days imprisonment in the county jail, and was committed to jail. The plaintiff brings this action for damages alleged to have been sustained by him by reason of the commitment. The essential allegations of the petition are in these words:…
1Opinion of the Court
Adams, Ch. J.
1. justice oe THE PEACE; appeal. Section 4697 of the Code provides that “the justice rendering judgment against the defendant must inform him of his right to appeal therefrom, and make an entry on the docket of the giving of such information, and the defendant may thereupon take an appeal by giving notice orally to the justice that be appeals.”
The defendant having informed the plaintiff of his right to appeal, and the plainfiff having given the requisite notice, the appeal was taken. There was nothing which the justice could do or say about it which could deprive him of his…
2Cited by2 opinions
- Packard v. VoltzSupreme Court of Iowa · 1895
- Minear v. PlowmanSupreme Court of Iowa · 1924