Bruner v. Wade
Supreme Court of Iowa
Appeal from Tama District Court. — Hon. L. G. Kinne, Judge. September 13, 1890, the plaintiff filed his petition showing that on the nineteenth day of December, 1889, he recovered a judgment in the district court of Tama county against the defendant Wade and the defendant Robert Young, surety on his appeal bond, which judgment remained due and unpaid.
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Appeal from Tama District Court. — Hon. L. G. Kinne, Judge. September 13, 1890, the plaintiff filed his petition showing that on the nineteenth day of December, 1889, he recovered a judgment in the district court of Tama county against the defendant Wade and the defendant Robert Young, surety on his appeal bond, which judgment remained due and unpaid. That on January 2, 1890, the defendant Wade filed in the office of the clerk of said court a pretended notice of appeal to this plaintiff and his attorney and to the clerk, stating that he had appealed from said judgment, a copy of which notice…
1Opinion of the CourtGiven, J.
I. The question involved in this appeal in whether, under the allegations of the petition, the 1. Appeal: notice: form: service. plaintiff is entitled to the relief demanded. If from these allegations it appears that an appeal was taken from the judgment in the former case, he is not, and the demurrer was properly sustained; if otherwise, it should have been overruled. The plaintiff contends that there was no appeal, because the notice was not served upon or directed to him. The notice was addressed “To the above-named plaintiff, or to W. H. Stivers, Esq., his attorney.” Immediately preceding…
2Cases cited1 opinion
- Fairburn v. GoldsmithSupreme Court of Iowa · 1881
3Cited by3 opinions
- Harrison v. Palo Alto CountySupreme Court of Iowa · 1898
- Hunt v. JohnstonSupreme Court of Iowa · 1898
- Slone v. BerlinSupreme Court of Iowa · 1893