Morrison v. Ross
Supreme Court of Iowa
Appeal from Calhoun District Court. — Hon. Charles D. Goldsmith, Judge. This action was commenced before a justice of the peace, and taken on appeal, by the defendant, to the district court, where the judgment was affirmed on plaintiff’s motion. Defendant’s motion to set aside the judgment and affirmance was overruled, from which ruling the defendant appeals upon a certificate of the trial judge.
1Opinion of the CourtGiven, J.
The record shows that judgment was rendered on appellant’s motion on the last day of the term, and that the court “gave leave to defendant to make out the law points he wished to be certified to the supreme court of Iowa, and he would sign certificate and law points in vacation, which was accordingly done.” It is evident that the certificate upon which this appeal rests was not given at the time the judgment appealed from was rendered, nor at the term at •which it was rendered, but some time during the *525vacation that followed. This court has uniformly held that the certificate of the judge…
2Cases cited4 opinions
- Goodwin v. CunninghamNebraska Supreme Court · 1898
- Beach v. DonovanSupreme Court of Iowa · 1888
- White v. BeattySupreme Court of Iowa · 1884
- Angus v. ShannonSupreme Court of Iowa · 1882