White v. Savery
Supreme Court of Iowa
Appeal from Polk District Cowrt. • At the Julie Term, 1878, a motion was filed to dismiss this appeal, because — First, no notice of appeal was served, as required by Code, §§ 3178, 3179; second, no transcript or agreed abstract was filed in this court; third, no motion was ■made in the court below for a trial on written evidence, and, therefore, there could not be a trial de novo in this court, and appellants have failed to assign errors, or serve any on appellee.
Read the full summary
Appeal from Polk District Cowrt. • At the Julie Term, 1878, a motion was filed to dismiss this appeal, because — First, no notice of appeal was served, as required by Code, §§ 3178, 3179; second, no transcript or agreed abstract was filed in this court; third, no motion was ■made in the court below for a trial on written evidence, and, therefore, there could not be a trial de novo in this court, and appellants have failed to assign errors, or serve any on appellee. This motion was sustained. Whereupon the appellants at the same time filed a motion to set aside the order dismissing the appeal.…
1Opinion of the CourtSeevers, J.
1. practice in the supreme court:abstract. I. The notice of appeal was duly served on the appellees, but not, it is claimed, on the clerk the District Court, and, therefore, it is urged the appeal was not perfected. Code, §§ 3178, 3179. Upon this ground the motion to dismiss was sustained.
The appellants prepared an abstract, which was served on appellees May 16, 1878, and the required number of copies thereof duly filed in the clerk’s office. Such abstract contains this statement: “Notice of appeal was duly served on all the parties, and the clerk of the District Court wherein the cause was…
2Cited by5 opinions
- Stolar v. TurnerSupreme Court of Iowa · 1945
- Brooke v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1890
- Farmer & Sons v. SasseenSupreme Court of Iowa · 1884
- Noyes v. LaneSouth Dakota Supreme Court · 1891
- Clark v. TracySupreme Court of Iowa · 1896