Guthrie v. Humphrey
Supreme Court of Iowa
Appeal from the Louisa District Court. This action was commenced before a justice of the peace. Trial and verdict in favor of plaintiff, on the 10th of May, 1855. On the 28th of that month, defendant perfected his appeal to the district court. At the October term, 1856, defendant filed his motion to dismiss the case, for the reason that no judgment was entered by the justice. At the same term, a rule issued to the magistrate, to correct his transcript.
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Appeal from the Louisa District Court. This action was commenced before a justice of the peace. Trial and verdict in favor of plaintiff, on the 10th of May, 1855. On the 28th of that month, defendant perfected his appeal to the district court. At the October term, 1856, defendant filed his motion to dismiss the case, for the reason that no judgment was entered by the justice. At the same term, a rule issued to the magistrate, to correct his transcript. To this rule, the justice made his return, showing a judgment following the verdict. It appeared, however, that the judgment was entered on…
1Opinion of the Court
"Wright, C. J.
That the defendant could not appeal from the verdict of the jury, and thus give the district court *25jurisdiction, is admitted by both parties, and undeniable under the Code, and the decisions of this court. Code, sec. 2328; Kimble v. Riggin, 2 G. Greene, 245; Brown v. Scott, Ib, 454.
The main question is,whether defendant could appeal from the judgment as entered by the justice, March 12th, 1857, by filing his bond, and perfecting his appeal within twenty days thereafter. We think not. The justice, at that time, had no power or authority to enter the judgment.
When the verdict was…
2Cited by8 opinions
- Campbell v. WilliamsSupreme Court of Iowa · 1874
- Davis v. SimmaSupreme Court of Iowa · 1862
- State ex rel. Collier v. HoustonMontana Supreme Court · 1907
- Worrall v. H. S. Chase & Co.Supreme Court of Iowa · 1909
- Knox v. NicoliSupreme Court of Iowa · 1896
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