Legal Opinion

State ex rel. Farrell v. Clossner

Supreme Court of Iowa

Decided January 29, 1892PublishedCited by 7 opinions

Appeal from Plymouth District Court. — Hon. Soott M. Ladd, Judge. Action to test the right of the defendant to hold the office of school director. There was a trial on the merits, and a judgment in favor of the defendant.

1Opinion of the CourtBobinson, C. J.

The only statement contained in the abstract in regard to an appeal is as follows: “July, 1890, notice of an appeal to the supreme court was served upon Messrs. Joy, Hudson, Call & Joy, attorneys of record for defendant.” In order to take an appeal the notice required by statute must be served on the clerk of the court wherein the proceedings were had. Code, sec. 3178. It is necessary that the abstract show affirmatively that an appeal has been taken. Gleason v. Collett, 77 Iowa, 448; Schooley v. Ins. Co., 76 Iowa, 78; Donnelly v. Cedar Co., 75 Iowa, 536. It is also necessary that the…

2Cases cited9 opinions

  1. Phillips v. FolletSupreme Court of Iowa · 1886
  2. Cook v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1888
  3. Plummer v. People's National Bank of IndependenceSupreme Court of Iowa · 1887
  4. Donnelly v. Cedar CountySupreme Court of Iowa · 1888
  5. Gleason v. CollettSupreme Court of Iowa · 1889

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3Cited by7 opinions

  1. Doerr ex rel. Rowan v. Southwestern Mutual Life Ass'nSupreme Court of Iowa · 1894
  2. State v. ArcherdOregon Supreme Court · 1933
  3. State v. PrestonNevada Supreme Court · 1908
  4. First National Bank of Albia v. City Council of AlbiaSupreme Court of Iowa · 1892
  5. Wambach v. Grand LodgeSupreme Court of Iowa · 1893

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