Littleton Savings Bank v. Osceola Land Co.
Supreme Court of Iowa
Appeal from Ciarle District Court. — Hon. R. C. Henry, Judge. Action to foreclose a mortgage ■ on real estate executed by the Osceola Land Company. B. L. Harding was made a defendant, and he filed a cross-petition, claiming a mechanic’s lien on the mortgaged property. Decree foreclosing the mortgage and establishing ■ the mechanic’s lien, which was declared to be the superior lien, and the plaintiffs appeal.
1Opinion of the CourtSeevers, C. J.
1 appeal • fn°cie?¿’sfiline office. — I. Before considering the merits-of this controversy, we are required to determine whether an appeal has been taken. The n°tice °f appeal was duly served on the proper parties and clerk, but was not filed in the office of the latter until more than six months after the decree was entered of record, and it is insisted that such filing is an essential prerequisite. It is provided by statute that “ an appeal is taken by the service of a notice in writing on the adverse party, his agent or attorney, * * * and also upon the clerk of the court wherein the…
2Cited by6 opinions
- Finlayson v. WallerIdaho Supreme Court · 1943
- Queal Lumber Co. v. LipmanSupreme Court of Iowa · 1925
- Harrison v. Palo Alto CountySupreme Court of Iowa · 1898
- Riffle v. Sioux City & Rock Springs Coal Mining Co.Wyoming Supreme Court · 1912
- Sheldon v. Chicago Bonding & Surety Co.Supreme Court of Iowa · 1921
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