Kellogg v. Colby
Supreme Court of Iowa
Appeal from Humboldt District Cottrt. — Hon. Lot Thomas, Judge. Besides the appellant, the defendants are A. J. Parker and Estella B. Fuller. The action is to foreclose a mortgage on land described as “large lot 1, in Lathrop’s addition to the town of Humboldt,” against H. J. Parker, as debtor, and the other defendants as having an interest therein.
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Appeal from Humboldt District Cottrt. — Hon. Lot Thomas, Judge. Besides the appellant, the defendants are A. J. Parker and Estella B. Fuller. The action is to foreclose a mortgage on land described as “large lot 1, in Lathrop’s addition to the town of Humboldt,” against H. J. Parker, as debtor, and the other defendants as having an interest therein. Barring one or two other facts that we regard as unimportant, the cause was submitted on the following stipulation of facts: “ It is hereby agreed and stipulated by and between all the parties to the above-entitled cause that the following is a…
1Opinion of the CourtGranger, J.
1. Appeal: notice: service upon coparties: jurisdiction. I. There is a motion to dismiss the appeal for the reason that the appellant had served no notice of appeal on his codefendants, ' Fuller and Parker, under the requirements * ’ •** of Code, section 3174, as follows: “A part of several coparties may appeal; but in such cases they must serve notice of the appeal upon all the other coparties, and file the proof thereof with the clerk of the supreme court.” In Moore v. Held, 73 Iowa, 538, it is held that the service of the notice under said section is not jurisdictional. It is also there…
2Cases cited5 opinions
- Moore v. HeldSupreme Court of Iowa · 1887
- Byington v. FountainSupreme Court of Iowa · 1883
- Massie v. MannSupreme Court of Iowa · 1864
- Goodyear v. GoodyearSupreme Court of Iowa · 1887
- Morrison v. MorrisonSupreme Court of Iowa · 1874
3Cited by8 opinions
- Kahn v. McConnellSupreme Court of Oklahoma · 1913
- Darrow v. SummerhillTexas Supreme Court · 1899
- Howell v. CommissionerUnited States Board of Tax Appeals · 1931
- Bowman v. BesleySupreme Court of Iowa · 1903
- Hubbard v. Le BarronSupreme Court of Iowa · 1900
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