Griffin v. Moss
Supreme Court of Iowa
Appeal from the Alamahee District Court. This action was brought before a justice of the peace by attachment, to recover the sum of $12.70. The entry made by the justice in his docket, is as follows: “ Parties appeared, January 8th, 1855. Trial had before Gr. W. Buttles, justice of the peace. On examination it was found, that the defendant had not legal notice, and that the attachment was not egally served.
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Appeal from the Alamahee District Court. This action was brought before a justice of the peace by attachment, to recover the sum of $12.70. The entry made by the justice in his docket, is as follows: “ Parties appeared, January 8th, 1855. Trial had before Gr. W. Buttles, justice of the peace. On examination it was found, that the defendant had not legal notice, and that the attachment was not egally served. Therefore, judgment was rendered against plaintiff for fifty dollars and fifty-five cents, damages, and costs of suit.” From this judgment, plaintiff appealed to the District Court. The…
1Opinion of the CourtStockton, J.
The Code of Iowa (§ 2828) gives the aggrieved party an appeal from all final judgments of a j ustice of the peace. The judgment in the present cause, has *263all the -essential requisites of a final judgment. The plaintiff wa¿3 entitled to have the case reheard on the merits, iu the District Court, and for this purpose, an appeal was the regular and proper mode of obtaining relief.
Where no question of fact is involved, and the testimony of witnesses is not needed, the party aggrieved by an erroneous decision of the justice, on a matter of law, or by other illegality in the proceedings, may bring…
2Cited by4 opinions
- Mahoney v. O'LearySupreme Court of Alabama · 1859
- Hodge v. Ruggles & St. L., K. C. & N. R. Co.Supreme Court of Iowa · 1872
- Gilson v. JohnsonSupreme Court of Iowa · 1857
- Wilson v. ShorickSupreme Court of Iowa · 1866