Keller v. Killion
Supreme Court of Iowa
Appeal from Boone Pistrict Court. The entry of' judgment recites: “ plaintiff appeared by his attorneys, and the defendant appeared by his attorney, &c.” This was at the April Term, 1858, of the Boone District Court. Defendants perfected their appeal in -October, of that year. The cause was continued at the December Term, 1858, of this court, and at the April Term, 1859, of the District Court, after notice to plaintiff, defendants moved to correct the record.
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Appeal from Boone Pistrict Court. The entry of' judgment recites: “ plaintiff appeared by his attorneys, and the defendant appeared by his attorney, &c.” This was at the April Term, 1858, of the Boone District Court. Defendants perfected their appeal in -October, of that year. The cause was continued at the December Term, 1858, of this court, and at the April Term, 1859, of the District Court, after notice to plaintiff, defendants moved to correct the record. In determining this motion, this entry was made. “ It appearing to the court, by the bench docket of the presiding judge, that a…
1Opinion of the CourtWeight, C. J.
The certificate of the clerk, stating his reasons for erasing a portion of the transcript after the same was made out, and other matters of a similar nature, we cannot notice. It is his duty to certify what is contained in the record, and not what in his opinion, or the opinion of any body else, it ought to contain. Looking at the record as it stood there at the time of the appeal, it appears that defendant did appear to the action; and the sufficiency of the service of notice, whether personally or by publication, therefore becomes immaterial. The question remaining then, is, what effect…
2Cited by1 opinion
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