Legal Opinion

Draper v. Taylor

Supreme Court of Iowa

Decided December 12, 1877PublishedCited by 2 opinions

Appeal from Benton GircvAt Court. ■Action of replevin for an organ. The cause was sent to a referee, who reported findings of facts and law which entitle plaintiff to recover. A judgment according with the report was entered, from which defendants appeal.

1Opinion of the CourtBeck, J.

I. The notice of appeal in this case was served by one of the defendants, who are appellants, upon the wife of plaintiff and appellee. These facts are shown by an amended *408abstract, and are not denied by defendants. The plaintiff insists that no sufficient service of notice has been made to give this court jurisdiction of the appeal. The objection thus raised we will now consider.

1. appeal: tice. II. The statute directs that notices of appeal must be served upon “ the adverse party, his agent, or any attorney who appeared for him in the case in the court below.” Code, § 3178. There is no…

2Cases cited1 opinion

  1. Marion County v. StanfieldSupreme Court of Iowa · 1859

3Cited by2 opinions

  1. Meyer v. HartmanMissouri Court of Appeals · 1883
  2. Webster v. CarsonSupreme Court of Iowa · 1886

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