Hinman v. Weiser
Supreme Court of Iowa
Appeal from Polls District Court- Appeal from a justice of the peace. The District Court in the 5th Judicial District adopted certain rules of practice, of which two are, in substance, as follows: “68'. The clerk shall file and docket the transcripts of all appeals from justices, &c., marking on them the time of filing, and if the docket fee be not paid prior to the opening of the court on the first day of the term, the appellee, on motion therefor, shall have the judgment…
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Appeal from Polls District Court- Appeal from a justice of the peace. The District Court in the 5th Judicial District adopted certain rules of practice, of which two are, in substance, as follows: “68'. The clerk shall file and docket the transcripts of all appeals from justices, &c., marking on them the time of filing, and if the docket fee be not paid prior to the opening of the court on the first day of the term, the appellee, on motion therefor, shall have the judgment of the court below affirmed, with costs. “ 69. If the appellant fails to pay the docket fee as above required, he may,…
1Opinion of the CourtWoodward, J.
We think the court erred in the affirmance of the judgment. The docket fee was paid two days before the motion to affirm was made. The omission to pay it at the precise time required, does not absolutely affirm the judgment, but this requires a motion from the other side, for without such, the omission maybe passed by and have no effect. And it is a general rule in reference to defaults of this nature, that if the default or omission is supplied before the opposite party sustained detriment, or makes an objection of the default, it is cured.
Rules of this nature are intended to promote…
2Cited by3 opinions
- Vasey v. ParkerSupreme Court of Iowa · 1902
- Bacon v. BlackSupreme Court of Iowa · 1874
- Cole v. LaudSupreme Court of Iowa · 1872