Moore v. Manser
Supreme Court of Iowa
Appeal from Johnson District Court. The appeal of the plaintiff, from what he claims was the judgment of a justice of the peace, was, on defendant’s motion, dismissed in the District Court. The only question made in the brief of counsel is, whether the appeal was properly dismissed. The matei'ial facts sufficiently appear from the opinion of the Court.
1Opinion of the CourtWright, C. J.
The motion to dismiss the appeal, was based upon two grounds:
First. That there was no judgment before the justice, from which an appeal could be taken.
Second. No appeal was allowed, or bond filed, within the time required by law, nor was there any bond accepted, attested or approved by the justice.
The justice’s transcript recites the cause of action, the names of the parties, the time of trial, and in a word, substantially all that is required to be set forth in his docket, by section 2269 of the Code, up to the verdict of the jury, and the judgment thereon. As to these, the entry is this:…
2Cases cited3 opinions
- Guthrie v. HumphreySupreme Court of Iowa · 1858
- Stowers v. MilledgeSupreme Court of Iowa · 1855
- City of Dubuque v. RebmanSupreme Court of Iowa · 1855
3Cited by3 opinions
- Brown v. MelloonSupreme Court of Iowa · 1915
- Cox v. Southern Surety Co.Supreme Court of Iowa · 1929
- Fowler v. ThomsenNebraska Supreme Court · 1903