Bond v. Davis
Supreme Court of Iowa
Appeal from, Marshall Circuit Court. Tuesday, October 7. This action was originally brought before a justice of the peace. It was tried January 5, 1872, before the justice, who rendered judgment against the plaintiff for costs. No notice •of appeal was given on the day of the trial.
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Appeal from, Marshall Circuit Court. Tuesday, October 7. This action was originally brought before a justice of the peace. It was tried January 5, 1872, before the justice, who rendered judgment against the plaintiff for costs. No notice •of appeal was given on the day of the trial. On January 23, 1872, the plaintiff filed an appeal bond with the justice, who approved the same; and on March 22, 1872, he sent up a transcript and the appeal bond, and filed the same with the clerk of the circuit court. At the first term of the circuit court in April, on verbal motion of plaintiff, the cause was…
1Opinion of the CourtCole, J.
The circuit court did not err in overruling the motion to dismiss the appeal. The statute nowhere declares that service of a notice of the appeal is necessary to perfect it; nor does it authorize the dismissal because of a failure to give such notice. Whereas, it does declare that upon filing the transcript the cause will be deemed in the district court *164(Rev., § 3926), and also that if the notice is not served at least ten days before the term to which the cause is returnable, the suit may, on motion of the appellee, be continued at the costs of the appellant. Rev., § 3930. The statute having…
2Cases cited1 opinion
- Coon v. MatthewsSupreme Court of Iowa · 1860
3Cited by2 opinions
- Minton ex rel. Smith v. OziasSupreme Court of Iowa · 1901
- Insell v. KennedySupreme Court of Iowa · 1903