State Savings Bank v. Ratcliffe
Supreme Court of Iowa
Appeal from Pocahontas District Court. — Hon. F. H. Hedsedd, Judge. Action for the conversion of certain personal property. A jury was waived, and the case was tried to the court, resulting in a judgment for plaintiff. What is denominated a “notice of appeal” was served within the time required by statute for taking appeals, but, as this notice is challenged, our attention will be directed to the sufficiency thereof.—
1Opinion of the CourtDeemer, J.
1 2 3
Notice of appeal, purporting to be duly signed, with acceptance of service thereon by attorneys for plaintiff, was duly filed with the clerk of the district court. The acceptance of service was within the time required by law, and on the face of it the notice is sufficient to give us jurisdiction. Some time-after the paper was filed plaintiff’s counsel moved for a correction thereof in the district court by striking out the names of defendants’ attorneys, purporting to be appended to the notice. A showing was made in support of this motion, from which the trial court found that the…
2Cases cited3 opinions
- Doerr ex rel. Rowan v. Southwestern Mutual Life Ass'nSupreme Court of Iowa · 1894
- Fisher v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1898
- Risser & Reitz v. Martin & PhillipsSupreme Court of Iowa · 1892
3Cited by17 opinions
- Matter of Estate of DullSupreme Court of Iowa · 1981
- Neeley v. Incorporated Town of MapletonSupreme Court of Iowa · 1908
- Howe v. Sioux CountySupreme Court of Iowa · 1917
- Coggon State Bank v. WoodsSupreme Court of Iowa · 1931
- Bedford v. Board of SupervisorsSupreme Court of Iowa · 1913
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