Legal Opinion

Brock v. Manatt

Supreme Court of Iowa

Decided June 15, 1855PublishedCited by 5 opinions

Appeal from the Poweshiek District Gourt. Brock brought suit against Manatt, before a justice of the peace. Trial was bad on the 23d of September, 1854, and judgment rendered against the plaintiff on the 26th of the same month. ■ On the 29th, as appears from an entry in the transcript of the docket of-the justice, notice of appeal was given, and under date of October 16, 1854, appeared the following entry: “ Selah S. Brock appeared to day, at the office of the undersigned, a…

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Appeal from the Poweshiek District Gourt. Brock brought suit against Manatt, before a justice of the peace. Trial was bad on the 23d of September, 1854, and judgment rendered against the plaintiff on the 26th of the same month. ■ On the 29th, as appears from an entry in the transcript of the docket of-the justice, notice of appeal was given, and under date of October 16, 1854, appeared the following entry: “ Selah S. Brock appeared to day, at the office of the undersigned, a justice of the peace in Bear Greek township, and returned the bond, with sureties, for' the appeal to be taken as above…

1Opinion of the CourtIsbell, J.

The only question that ’is made to the court by the argument of counsel, and which it is necessary for us ■to consider, is, whether any bond was filed in this case. Eor it is assented to by appellee, that, if there was a bond at all, it was filed in time. And, also, that if it was a defective 'bond, instead of no bond in this case, the court should have allowed plaintiff to substitute a good and sufficient bond, mnder section 2511 -of the Code.

It is urged by appellee, that another suit had been -pending about the same time, before the same justice, between «the same parties, in which the…

2Cited by5 opinions

  1. Minton ex rel. Smith v. OziasSupreme Court of Iowa · 1901
  2. Brown v. MelloonSupreme Court of Iowa · 1915
  3. Drainage Dist. No. 5, Oklahoma County v. FerrellSupreme Court of Oklahoma · 1912
  4. Sutton v. Bower & PerkinsSupreme Court of Iowa · 1904
  5. Bunn v. PritchardSupreme Court of Iowa · 1858

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