McKeever v. Horine
Supreme Court of Iowa
Appeal from Jasper District Court. I. The appeal from the decision of the justice was perfected, and the parties treated the cause as appealed. The law provides that upon filing the recognizance all further proceedings shall be stayed, and the cause will not be deemed in the District Court until the record is certified to the clerk. Codé of 1851, §§ 83, 2336, 2337. II.
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Appeal from Jasper District Court. I. The appeal from the decision of the justice was perfected, and the parties treated the cause as appealed. The law provides that upon filing the recognizance all further proceedings shall be stayed, and the cause will not be deemed in the District Court until the record is certified to the clerk. Codé of 1851, §§ 83, 2336, 2337. II. The court could not affirm the judgment against the defendant Norris, and it cannot therefore be affirmed as against his sureties. Guthrie v. Rumphery, 7 Iowa, 24. III. But it is claimed by the appellant, that the appearance of…
1Opinion of the CourtLowe, C. J.
Suit before a magistrate on a note of band, upon which a judgment was rendered for plaintiff. The magistrate’s transcript shows, that on the 5th of June, 1860, within twenty days from the rendition of the judgment, the defendants executed and filed with the justice an appeal bond which was approved. The appeal was not taken upon the day on which the judgment was rendered, and it does not appear that any notice of the appeal was ever served upon the plaintiff. On the 1st day of September following, before any transcript was made out or sent up, defendants notified the magistrate that they…
2Cited by2 opinions
- City of Fairfield v. Jefferson CountySupreme Court of Iowa · 1915
- Hahn v. EstateSupreme Court of Iowa · 1906