Martin & Sellers v. Crocker
Supreme Court of Iowa
Appeal from Story Circuit Court. Tile plaintiffs recovered a judgment against tbe defendant before a justice of tbe peace. Tbe defendant filed a bond for an appeal, but not until after tbe lapse of more than twenty days from-thfe rendition of tbe judgment. Tbe appeal, however, was allowed by tbe justice, and a transcript was filed in tbe circuit court.
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Appeal from Story Circuit Court. Tile plaintiffs recovered a judgment against tbe defendant before a justice of tbe peace. Tbe defendant filed a bond for an appeal, but not until after tbe lapse of more than twenty days from-thfe rendition of tbe judgment. Tbe appeal, however, was allowed by tbe justice, and a transcript was filed in tbe circuit court. Tbe plaintiffs moved in tbe circuit court for an order dismissing tbe appeal, and for judgment on tbe appeal bond against the defendant and bis sureties. Tbe court sustained tbe motion to dismiss, but refused to render judgment on tbe appeal…
1Opinion of the CourtAdams, J.
Three questions are certified, but it will be sufficient for tbe disposition of this case to determine one of them. Tbe question is in these words: “When an appeal is taken or allowed from a justice of tbe peace, under section 3580 of tbe Code, after tbe lapse of more than twenty days -from tbe rendition of tbe judgment, and an appeal bond is filed to stay proceedings and to perfect tbe appeal, is tbe appellee entitled *329to judgment against tbe principal and sureties on bis bond, or either of them, for the judgment in the justice’s court, in this court?”
Appeals from a justice of the peace must…
2Cited by3 opinions
- City of Fairfield v. Jefferson CountySupreme Court of Iowa · 1915
- Hahn v. EstateSupreme Court of Iowa · 1906
- W. J. Donnelly Co. v. Fidelity & Casualty Co.Ohio Court of Appeals · 1926