Legal Opinion

Hall v. Monahan

Supreme Court of Iowa

Decided December 15, 1855PublishedCited by 7 opinions

Appeal from the Polk District Court. This was an action commenced before a justice of tbe peace, by tbe following notice : . £t To John Monahan, Sir: You are hereby notified that Edwin Hall claims of you forty-seven dollars, justly due him as an indorser on a note, dated Jan. 14, 1855, due in one day, jo John Monahan, for forty-one dollars and ninety-one cents.

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Appeal from the Polk District Court. This was an action commenced before a justice of tbe peace, by tbe following notice : . £t To John Monahan, Sir: You are hereby notified that Edwin Hall claims of you forty-seven dollars, justly due him as an indorser on a note, dated Jan. 14, 1855, due in one day, jo John Monahan, for forty-one dollars and ninety-one cents. Note signed by Taylor Pierce; assigned to Edwin Hall by John Monahan, on the 2d day of February, 1855, value received. Plaintiff obtained judgment against Taylor Pierce, on the 12th day of April, 1855, before M. Young, J. P., and…

1Opinion of the CourtIsbell, J.

We do not see that the motion, for the reason given by the court for dismissing the appeal, should have *556been dismissed. We bare looked into tbe record, and find it regularly taken, on tbe day of tbe rendition of tbe judgment, and properly allowed on tbe docket of tbe justice. It being regularly taken, it brought up tbe case for trial on its merits, and for no other purpose. Code, § 2343. In this case, no petition was necessary, and in tbe notice, it is only necessary to state tbe cause of action in general terms, sufficient to apprise tbe defendant of the nature of tbe claim against him.…

2Cited by7 opinions

  1. Blake v. GravesSupreme Court of Iowa · 1865
  2. Leftwick v. ThorntonSupreme Court of Iowa · 1864
  3. Glidden v. HigbeeSupreme Court of Iowa · 1871
  4. Greff v. BlakeSupreme Court of Iowa · 1864
  5. West v. MoodySupreme Court of Iowa · 1871

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