Nickson v. Blair
Supreme Court of Iowa
Appeal from Humboldt District Court. Action in attachment. The defendant filed a motion to dismiss the action, which motion the court sustained. The plaintiff appeals.
1Opinion of the CourtAdams, J.
The motion to dismiss was based upon the fact that no'memorandum of the date of filing the petition had been made in the appearance docket.
The provision of statute upon which the defendant relies is in these words; “The clerk shall immediately upon the filing thereof'- make in the appearance docket a memorandum of the date of the filing of all petitions * * * or paper of any other description in the cause; and no plead*532ing of any description shall be considered as filed in the cause * * * until the said memorandum is made. Code § 200.
The plaintiff insists that this provision is merely…
2Cases cited1 opinion
- Miller v. BradfordSupreme Court of Iowa · 1861
3Cited by11 opinions
- Stevenson v. PolkSupreme Court of Iowa · 1887
- Winkleman v. WinklemanSupreme Court of Iowa · 1890
- Johnson v. BerdoSupreme Court of Iowa · 1906
- Wilson v. WrightSupreme Court of Iowa · 1971
- Harrison v. CliftonSupreme Court of Iowa · 1888
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