Legal Opinion

Fairchild v. Plank

Supreme Court of Iowa

Decided September 29, 1920PublishedCited by 14 opinions

Appeal from Delaware District Court. — H. B. Boies, Judge. No statement is required at this point, beyond saying that the jurisdiction of this court is challenged because of a failure to serve some of the parti^p defendant with notice of appeal.

1Opinion of the CourtSalinger, J.

1. Appeal and Error : effect of naming clients in acknowledgment of service. I. We have to determine whether it is proved that one of the defendants, John Robertson, was, in law, served Avith notice of appeal, and wliat effect upon our jurisdiction it has, if we find he was not so served. The inquiry into whether he Avas laAvfully served, involves whether the notice Avas in the form demanded by law. In stating the title, the notice of appeal names John Robertson as a defendant, and addresses *641itself to “the above-named defendants.” Had it been served on John Bobertson in person, there would…

2Cases cited17 opinions

  1. First National Bank v. EichmeierSupreme Court of Iowa · 1911
  2. Douglass ex rel. Osborne v. AgneSupreme Court of Iowa · 1904
  3. J. T. Mathews & Co. v. Dubuque Mattress Co.Supreme Court of Iowa · 1893
  4. Pilkington v. PotwinSupreme Court of Iowa · 1913
  5. In re the Estate of SawyerSupreme Court of Iowa · 1904

12 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Superior/Ideal v. OSKALOOSA BD. OF REV.Supreme Court of Iowa · 1988
  2. Stevens v. JacobsWisconsin Supreme Court · 1937
  3. Des Moines National Bank v. BatesSupreme Court of Iowa · 1929
  4. Midwestern Realty Co. v. City of Des MoinesSupreme Court of Iowa · 1930
  5. Lundy v. City of AmesSupreme Court of Iowa · 1926

9 more not listed; retrieve them via the Exa API.

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