Scott v. Lasell
Supreme Court of Iowa
Apjpeal from Shelby Girouit Court. The plaintiff is a claimant of damages caused by tbe establishment of a highway through his land. The board of supervisors allowed him $260. From the order he appealed to the circuit court, but did not pay the filing fee by noon of the first day of the next succeeding term, and, on motion of the defendant, the court affirmed the order of allowance, and from that ruling the plaintiff appeals.
1Opinion of the Court
Adams, Ch. J.
The rule of practice under which the motion was sustained is in these words: “ In appeals from *181justices’ courts or other inferior tribunals, in civil cases, the appellant shall cause the case to be docketed, and the docketing and filing fee to be paid by noon of the first day of the term to which the case is returnable,-and, in case of his failure so to do, the appellee may pay such filing fee, and have the case docketed, and will thereupon be entitled to have the judgment below affirmed, or to have the case set down for trial on its merits, as he may elect.”
1. Highway…
2Cited by7 opinions
- Frost v. Board of ReviewSupreme Court of Iowa · 1901
- Gano v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1901
- Yockey v. Woodbury CountySupreme Court of Iowa · 1906
- In Re Fence Dispute Between SwisherSupreme Court of Iowa · 1927
- Everett v. Board of SupervisorsSupreme Court of Iowa · 1895
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