Legal Opinion

Searles v. Lux

Supreme Court of Iowa

Decided May 28, 1892PublishedCited by 10 opinions

Appeals from Bes Moines District Court. — Hon. Chas. H. Phelps, Judge. Proceeding to abate a saloon nuisance. Tbe district court sustained a motion to strike tbe petition from tbe files, and tbe plaintiff appeals.

1Opinion of the CourtGranger, J.

There is a motion to dismiss tbe appeal, based on several grounds which will be noticed.

I. Tbe notice of appeal is as follows:

1. Appeal: notice: form. “D. Y. Searles v. Herminia Lux. To said defendant and S. L. Glasgow, her attorney, and W. D. Inghram, clerk: You are hereby notified that plaintiff has appealed from tbe judgment of tbe district court in this case. .

“F. J. Trulock,
“Attorney for plaintiff.
“January 13, 1891.”

Service of tbe notice was accepted by the attorney for defendant and by the clerk. The objection to tbe notice is that it “does not state what judgment is appealed from, when…

2Cases cited3 opinions

  1. Geyer v. DouglassSupreme Court of Iowa · 1892
  2. Loomis v. McKenzieSupreme Court of Iowa · 1881
  3. Weiser v. Day Bros.Supreme Court of Iowa · 1889

3Cited by10 opinions

  1. Turk v. PageSupreme Court of Oklahoma · 1918
  2. Hampton v. BurrellSupreme Court of Iowa · 1945
  3. Heinz v. RobertsSupreme Court of Iowa · 1907
  4. Harrison v. Palo Alto CountySupreme Court of Iowa · 1898
  5. Hogueland v. ArtsSupreme Court of Iowa · 1901

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