Finn & Co. v. Rose
Supreme Court of Iowa
Appeal from Winneshiek District Court, For the facts, see the opinion of the court. 1. A deputy clerk-has no authority to administer an oath. A principal may act by his deputy, but it must be expressly stated as the act of the deputy. Code of 1851, § 979; Abrams v. Irvine, 9 Iowa 90; 3 Kent. (8th ed.) 572. 2. No seal was attached to the jurat of the petition.
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Appeal from Winneshiek District Court, For the facts, see the opinion of the court. 1. A deputy clerk-has no authority to administer an oath. A principal may act by his deputy, but it must be expressly stated as the act of the deputy. Code of 1851, § 979; Abrams v. Irvine, 9 Iowa 90; 3 Kent. (8th ed.) 572. 2. No seal was attached to the jurat of the petition. When an affidavit is sworn to before an officer whose acts are authenticated by a seal, it must be affixed to the jurat. Tunis v. Withrow, 10 Iowa. The bond was invalid because it was approved by the deputy clerk. Code of 1851, §§ 1853,…
1Opinion of the CourtWright, J.
The deputy of the clerk of the District Court has power to administer oaths. Wood v. Bailey, ante p. 46. And it is not necessary that the absence or inability of the principal should be stated. The District Court knows its own clerk and his deputy, and it is not necessary *567that bis signature to a jurat (accompanying a petition for an attachment,) should be authenticated by his official seal. The deputy may approve the bond for an attachment, and issue the writ. Code 1851, § 412.
The petition in this case charges that plaintiffs sold to Rose, the husband, one cook-stove and fixtures, tea cups,…
2Cases cited1 opinion
- Rodemeyer v. RodmanSupreme Court of Iowa · 1858
3Cited by10 opinions
- Smedley v. FeltSupreme Court of Iowa · 1875
- Moore v. McKinleySupreme Court of Iowa · 1882
- Meldrum v. United StatesCourt of Appeals for the Ninth Circuit · 1907
- Neasham v. McNairSupreme Court of Iowa · 1897
- Hudson v. King Bros.Appellate Court of Illinois · 1887
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