Legal Opinion

Ind. Dist. v. Dist. Tp.

Supreme Court of Iowa

Decided October 5, 1876PublishedCited by 23 opinions

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

  1. Mississippi & Missouri Railroad v. ByingtonSupreme Court of Iowa · 1863
  2. Borgalthous v. Farmers & Merchants' Ins.Supreme Court of Iowa · 1873
  3. Goldsmith v. ClausenSupreme Court of Iowa · 1862

3Cited by23 opinions

  1. Tyler v. SheaNorth Dakota Supreme Court · 1894
  2. International & Great Northern Railway Co. v. WelchTexas Supreme Court · 1893
  3. County of San Bernardino v. County of RiversideCalifornia Supreme Court · 1902
  4. Upton Manuf'g Co. v. HuiskeSupreme Court of Iowa · 1886
  5. Baltimore, Ohio & Chicago Railroad v. JohnsonIndiana Supreme Court · 1882

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