Squires v. Millett
Supreme Court of Iowa
Appeal from, Delawa/re District Cov/rt. This action was commenced before a justice of the peace on a promissory note. The defendant pleaded payment. The cause was tried and judgment rendered by the justice for. plaintiff, on the 15th day of December, 1868, and on the same day defendant appealed.
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Appeal from, Delawa/re District Cov/rt. This action was commenced before a justice of the peace on a promissory note. The defendant pleaded payment. The cause was tried and judgment rendered by the justice for. plaintiff, on the 15th day of December, 1868, and on the same day defendant appealed. The appeal was docketed at the April term, 1869, of the district court, and on the first day of the term the district judge, on his own motion, ordered the cause transferred to the circuit court docket, which was done by the clerk. At the May term, 1869, of the circuit court, the judge of that court,…
1Opinion of the CourtMiller, J.
— The appeal from the judgment-of the justice had the effect, under the statute (Rev., § 3932), to bring up the cause for trial on its merits in the district court, and for no other purpose. The district court could not properly affirm the judgment of the justice without a trial unless that power existed by virtue of a rule of that court as follows:
“ Rule 11. In case of appeals from justices of the peace, etc., if the appellant, when the papers are left with the clerk within the time prescribed by law, does not 'pay the. entrance fee provided by law by noon of the second day of the term, the…
2Cited by5 opinions
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