Hugus v. Strickler
Supreme Court of Iowa
Appeal from Johnson District Court. Plaintiee was unsuccessful in an action before a justice of tbe peace, tried on tbe lOtb of December, 1864 On. tbe same day, be perfected, as be supposed, bis appeal, and tbe transcript was duly filed in the District Court. Defendant afterwards, in May, 1865, moved to dismiss tbe appeal, for tbe reason that no revenue stamp was attached, either to the bond, transcript or other part of the appeal record.
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Appeal from Johnson District Court. Plaintiee was unsuccessful in an action before a justice of tbe peace, tried on tbe lOtb of December, 1864 On. tbe same day, be perfected, as be supposed, bis appeal, and tbe transcript was duly filed in the District Court. Defendant afterwards, in May, 1865, moved to dismiss tbe appeal, for tbe reason that no revenue stamp was attached, either to the bond, transcript or other part of the appeal record. Pending tbe consideration of this motion, plaintiff offered and proposed to affix tbe proper stamp, as required by tbe act of congress, to amend or file a…
1Opinion of the CourtWright, J.
i. appeal: rstTamp? ct, Counsel admit that this case involves a construction of § 158 of tbe act of congress of June SO,
1864, and a part of schedule B of the same awhich are as follows:
“ § 158. Any person or persons, who shall make, sign or issue, or who shall cause to be made, signed or issued, *415any instrument, document or paper of any kind or description whatever, or shall accept or pay, or shall cause to be accepted or paid, any bill of exchange, draft or order, or promissory note, for the payment of money, without the same being duly stamped, or having thereupon an adhesive stamp, denoting…
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