Simberskey v. Smith
Supreme Court of Iowa
Appeal from Johnson District Court. At the May Term (May 22), 1868, of the Johnson District Court, judgment was entered against the plaintiff, from which he prosecutes the present appeal, which was taken directly to this court.
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Appeal from Johnson District Court. At the May Term (May 22), 1868, of the Johnson District Court, judgment was entered against the plaintiff, from which he prosecutes the present appeal, which was taken directly to this court. The notices of appeal were not served on the defendant and the clerk until March 8th, 1869. In this court the defendant moves to dismiss the appeal, because, having been taken after the first Monday of January, 1869, it should have been taken in the first instance to the General Term and not to the Supreme Court. The motion is based upon and involves a construction of…
1Opinion of the Court
Dillon, Ch. J.
Respecting the effect of the act of 1868 as to appeals from judgments rendered prior to the taking effect of that act, the court concur in holding :
That down to the first Monday of January, 1869, an appeal, if taken, must be taken directly to the Supreme Court.
But suppose the year heretofore given in which to take an appeal had not elapsed, and an appeal is taken after the act of 1868 comes into operation, will it lie at all % and if so, must it be taken in. the first instance to this court or to the General Term ?
On this question a majority of the court hold that sections 17…
2Cited by3 opinions
- City of Davenport v. D. & St. P. R.Supreme Court of Iowa · 1873
- Richardson v. FitzgeraldSupreme Court of Iowa · 1906
- Davis v. RobinsonSupreme Court of Iowa · 1925