Mitchell v. Goff
Supreme Court of Iowa
Appeal from Linn District Court. The plaintiff filed his claim before the County Court, and upon the hearing, a portion thereof was allowed. The defendant appealed to the District Court, and filed a bond, conditioned to pay, or cause to be paid, all sums of money and costs “which shall be adjudged against him in the further prosecution of this suit;” which was filed and approved by the county judge.
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Appeal from Linn District Court. The plaintiff filed his claim before the County Court, and upon the hearing, a portion thereof was allowed. The defendant appealed to the District Court, and filed a bond, conditioned to pay, or cause to be paid, all sums of money and costs “which shall be adjudged against him in the further prosecution of this suit;” which was filed and approved by the county judge. In the District Court the plaintiff moved to dismiss the appeal, because there was “no bond filed such as the law requires.” Pending this motion, the defendant asked leave to amend the bond so as…
1Opinion of the CourtCole, J.
1. Appeal: bond. The District Court erred in sustaining the plaintiff’s motion. It is true, the condition of the bond is uotsucb as is required by our statute (Rev., § 267), although it is probable that, in its legal effect, it is not essentially variant, so far as this case is concerned. But even if it was materially defective, it having been filed and approved by the proper officer, it was the right of the defendant to rectify it, upon the terms offered by him. This right is expressly given by Rev., “§4119. No defective bond or other security, or affidavit in any case, shall prejudice the…
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