Walters-Cates v. Wilkinson
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. S. F. Balliet, Judge. Action on the official bond of defendant Wilkin-' son, as clerk of the court.
Read the full summary
Appeal from Polk District Court. — Hon. S. F. Balliet, Judge. Action on the official bond of defendant Wilkin-' son, as clerk of the court. The sureties alone appeared, and judgment being entered against them, they appeal upon a certificate of the trial judge, as follows: “Be it remembered that in the above entitled cause are involved the following questions, marked numbers 1 and 2, to wit: Number 1. Where, in a certain cause pending for the partition of real estate commenced in the circuit court of Polk county, Idwa, April 1,1884, on May 17, 1885, referees were duly appointed to sell the…
1Opinion of the CourtGiven, J.
4 I. The plaintiff moves to dismiss this appeal, upon the ground “that the certificate of the-trial court does not show that the questions upon which it is desirable to have the opinion of the supreme court, are involved in this case.” The certificate sets forth and numbers two questions, and the judge certifies “that thé above entitled cause involves the determination of a question of law, to wit, the-question heretofore set out and numbered 1 and 2.” The motion is grounded solely upon the fact that the-singular number is used, instead of the plural. It is-entirely clear that the questions…
2Cases cited4 opinions
- Prescott v. GonserSupreme Court of Iowa · 1872
- Wright & Co. v. HarrisSupreme Court of Iowa · 1871
- Morgan v. LongSupreme Court of Iowa · 1870
- Doogan v. ElliottSupreme Court of Iowa · 1876
3Cited by9 opinions
- Howard v. United StatesCourt of Appeals for the Eighth Circuit · 1900
- Mordt v. RobinsonSupreme Court of Florida · 1934
- Davis v. FraserCourt of Appeals of Texas · 1958
- Dirks v. JuelNebraska Supreme Court · 1899
- Prudential Insurance Co. of America v. HartSupreme Court of Iowa · 1928
4 more not listed; retrieve them via the Exa API.