Legal Opinion

Hakes v. Dott

Supreme Court of Iowa

Decided June 14, 1880PublishedCited by 3 opinions

Appeal from Jones Circuit Court. This action was brought against the defendant as county auditor of Jones county, to recover damages in the sum of $50.79, alleged to have been sustained by the refusal of the defendant to pay plaintiff certain money due plaintiff as money paid in redeeming land from tax sales. ' Judgment was rendered in the plaintiff’s favor for $57.00 damages, and $49.00 costs. The defendant appeals.

1Opinion of the Court

Adams, Oh. J.

i. practice prema'court: appeal: jurisdiction. The appellee insists that this appeal must be dismissed for want of jurisdiction in this* court, arising from the fact that no certificate of appeal was given and filed within the proper time. The , . ■ . , abstract shows that the judgment was rendered *18on the 7th day of October, 1879, and that the certificate was filed on the 5th day of December, 1879. When the certificate was signed does not appear.

In Hershfield & Mitchell v. First National Bank of Grinnell, 39 Iowa, 699, it was held that the certificate must be made at the time…

2Cases cited3 opinions

  1. Mitchell v. First National BankSupreme Court of Iowa · 1874
  2. Lomax v. FletcherSupreme Court of Iowa · 1875
  3. Uplinger v. KetteringSupreme Court of Iowa · 1876

3Cited by3 opinions

  1. Ardery v. Chicago, Burlington & Quincy R'y Co.Supreme Court of Iowa · 1885
  2. Foye v. WalkerSupreme Court of Iowa · 1883
  3. Callanan v. Kossuth CountySupreme Court of Iowa · 1895

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