Legal Opinion

Oxford State Bank v. Holscher

Supreme Court of Iowa

Decided December 20, 1901PublishedCited by 1 opinion

Appeal from Johnson District Oourt. — Hon. M. J. Wade, Judge. Action for judgment on a promissory note executed by defendants to the plaintiff. Defendant Sherlock alone answered, pleading that the note sued on “was paid and canceled by the acceptance of an individual note from the defendant Herman Holscher” without the knowledge or permission of this defendant.

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Appeal from Johnson District Oourt. — Hon. M. J. Wade, Judge. Action for judgment on a promissory note executed by defendants to the plaintiff. Defendant Sherlock alone answered, pleading that the note sued on “was paid and canceled by the acceptance of an individual note from the defendant Herman Holscher” without the knowledge or permission of this defendant. He further answers that he was only surety for Herman Holscher on said note, and that, in consideration of the payment of interest in advance, plaintiff extended the time of payment six months, without the knowledge or consent of this…

1Opinion of the CourtGiven, C. J.

1 *1982 *197I. Appellee insists in argument that it does not affirmatively appear that plaintiff has taken the necessary legal steps to perfect an appeal to this court. The abstract, after showing all the proceedings, says, “Thereafter plaintiff served due, legal, and timely notice of appeal of said cause to the supreme court, and secured cost of transcript,” Appellee contends that it does not appear that notice of appeal was served upon all or either of the defendants, nor upon the clerk, nor when served. The showing is that plaintiff “served due, legal, and timely notice of appeal.” It could not be…

2Cited by1 opinion

  1. Citizen's National Bank v. WilsonSupreme Court of Iowa · 1903

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