Ind. Dist. v. Dist. Tp.
Supreme Court of Iowa
Appeal from Polls Circuit Court. The plaintiff recovered in the court below a judgment against the defendant for the sum of $150.57 and costs, which judgment was paid. Afterward the plaintiff appealed to this court, and a motion is now made to dismiss the appeal.
1Opinion of the Court
Servers, Oh. J.
'The Oode, § § 3212 and 3213, provide that an appeal may be dismissed, on motion of the appellee, whenever it appears the appellant has no further right to pros*202ecute the appeal; and appellee may, by a verified answer or affidavit, plead or present facts which render the taking of the appeal improper or destroy the appellant’s right of further prosecuting the same.
In M. & M. R. R. Co. v. Byington, 14 Iowa, 572, it was held, where damages had been assessed by a sheriff’s jury which had been paid to the defendant, that he could not thereafter appeal to the District Court; and in…
2Cases cited3 opinions
- Mississippi & Missouri Railroad v. ByingtonSupreme Court of Iowa · 1863
- Borgalthous v. Farmers & Merchants' Ins.Supreme Court of Iowa · 1873
- Goldsmith v. ClausenSupreme Court of Iowa · 1862
3Cited by23 opinions
- Tyler v. SheaNorth Dakota Supreme Court · 1894
- International & Great Northern Railway Co. v. WelchTexas Supreme Court · 1893
- County of San Bernardino v. County of RiversideCalifornia Supreme Court · 1902
- Upton Manuf'g Co. v. HuiskeSupreme Court of Iowa · 1886
- Baltimore, Ohio & Chicago Railroad v. JohnsonIndiana Supreme Court · 1882
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