Holloway v. Baker
Supreme Court of Iowa
Appeal from the Mahaslca District Court. This cause was originally tried before a justice of the peace, and judgment rendered for the defendant. The plaintiff, on the same day, filed his recognizance for an appeal to the district court, with sureties approved by the justice, and the appeal was allowed.
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Appeal from the Mahaslca District Court. This cause was originally tried before a justice of the peace, and judgment rendered for the defendant. The plaintiff, on the same day, filed his recognizance for an appeal to the district court, with sureties approved by the justice, and the appeal was allowed. The justice did not make his return, with the original papers, and a transcript of the entries on his docket, to the first term of the district court, after the appeal was taken, though said term was held more than ten days thereafter. Before the commencement of the second term, however, the…
1Opinion of the CourtStockton, J.
— We think the court erred in affirming the judgment, under the circumstances. The appeal was allowed and perfected on the day on which the judgment was rendered by the justice of the peace. In such case, the law does not require that notice of the appeal should be served on the appellee. It is the duty of the justice to make his return to the district court, five days before the beginning of the term. On his failure to do so, he may be compelled, by rule of court, to make or amend his-return. Code, section 2338. The law does not, however, affix, as a penalty on the party, for the failure of…
2Cited by1 opinion
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