Wheeler & Wilson Manufacturing Co. v. Sterrett
Supreme Court of Iowa
Appeal from Monroe District Court. — Hon. W. I. Babb, Judge. Action at law upon a promissory note of the defendant E. J. Sterrett, payment of which was guarantied by defendant Conrad Sterrett, Defense, payment and release by the substitution of one Brayton as paymaster. Trial to a jury, verdict and judgment for defendants, and plaintiff appeals.
1Opinion of the CourtDeemer, J.
1 Appellees have filed a motion to dismiss the appeal because no notice thereof was served upon the clerk of the district court, as required by law. It appears that service of notice was accepted for the clerk by one John W. H. Griffen, as deputy; but it was further shown that at the time Griffen was not regularly appointed, as required by section 766 of the Code. He had prior thereto received a written appointment from McCahan, who was .and is the clerk, and had for a long time been acting as such; but the appointment was not approved by the hoard of supervisors', nor did he give bonds for…
2Cases cited6 opinions
- Brown v. SwinefordWisconsin Supreme Court · 1878
- Jones v. United States Mutual Accident Ass'nSupreme Court of Iowa · 1894
- Whitsett v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1885
- Hall v. WolffSupreme Court of Iowa · 1883
- State v. HelmSupreme Court of Iowa · 1894
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3Cited by17 opinions
- State v. PeirceSupreme Court of Iowa · 1916
- Metropolitan National Bank v. Commercial State BankSupreme Court of Iowa · 1898
- Iowa Farm Bureau Federation, Iowa Renewable Fuels Association, and Iowa Water Environment AssociationSupreme Court of Iowa · 2014
- Hein v. Waterloo, Cedar Falls & Northern Railway Co.Supreme Court of Iowa · 1917
- Welch v. Union Central Life InsuranceSupreme Court of Iowa · 1902
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