Legal Opinion

Plummer v. People's Nat. Bank of Independence

Supreme Court of Iowa

Decided June 10, 1887PublishedCited by 5 opinions

Appeal from Buchanan District Oourt. This action was brought to obtain possession of a policy of life insurance. The defendant Edgar Holmes intervened. There was a trial to the court without a jury and judgment was rendered for the intervenor. The plaintiffs appeal.

1Opinion of the Court

Adams, Ch. J.

This court cannot take jurisdiction of a case, unless our jurisdiction appears affirmatively from the record. Where cases are submitted upon an abstract, we assume that the abstract shows the whole record so far as it *753is material. If the abstract does not show that we have jurisdiction, we can do nothing but dismiss the case.

The abstract before us does not show that an appeal was taken. This it should show. (Rule of court 98.) We have no jurisdiction of the case except upon appeal. It is true that the appellee appears, but appearance does not confer jurisdiction upon an appellate…

2Cited by5 opinions

  1. Doerr ex rel. Rowan v. Southwestern Mutual Life Ass'nSupreme Court of Iowa · 1894
  2. Culligan Soft Water Service v. BerglundSupreme Court of Iowa · 1966
  3. Robinson v. Goldman's Adm'rWest Virginia Supreme Court · 1906
  4. Farrell v. City of MuscatineSupreme Court of Iowa · 1892
  5. Mandel v. FriedmanSupreme Court of Iowa · 1892

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