Heinz v. Roberts
Supreme Court of Iowa
Appeal from Hardin District Court.— Hon. J. R. Whitaker, Judge. Suit in equity to enjoin defendant who is an attorney at law from practicing his profession at the town of Ackley. Trial to the court, resulting in a decree dismissing the petition. Plaintiff: appeals.
1Opinion of the CourtDeemer, J.
1. Appeal notice: cleriacl defect. The notice of appeal is in the usual form giving the title of the case and addressed to John S. Roberts and to Albrook & Lundy, his attorneys, but it states that plaintiff, Johú R. Roberts, has appealed from the decision, etc. It is signed by 1VL J. Wade as attorney for plaintiff. It is claimed that this notice in naming plaintiff as “ John R. Roberts ” is fatally defective, and gives us no jurisdiction of the appeal. The notice is perfect in all respects, save in so far as it calls John R. Roberts plaintiff. That this is a mere clerical mistake is perfectly…
2Cases cited10 opinions
- Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
- Dwight v. HamiltonMassachusetts Supreme Judicial Court · 1873
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- Beatty v. CobleIndiana Supreme Court · 1895
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