Legal Opinion

Rose v. Wheeler

Supreme Court of Iowa

Decided June 13, 1878PublishedCited by 1 opinion

1, Practice : CERTIFICATE of judge. The certificate of the judge necessary to give a party the right to appeal a case involving less than one hundred dollars to the Supreme Court must be made at the term at which the case is tried. Appeal from Delaware District Gov/rt. This is an action of replevin for a colt, commenced before a justice of the peace, and involves less than one hundred dollars.

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1, Practice : CERTIFICATE of judge. The certificate of the judge necessary to give a party the right to appeal a case involving less than one hundred dollars to the Supreme Court must be made at the term at which the case is tried. Appeal from Delaware District Gov/rt. This is an action of replevin for a colt, commenced before a justice of the peace, and involves less than one hundred dollars. The cause was appealed to the Circuit Court, and transferred therefrom to the District Court for trial. The cause was tried by the court, and judgment was rendered for the plaintiff. The defendant…

1Opinion of the CourtDay, J.

1. practice; certificate of judge. After the term at which the cause was tried, the trial judge executed a certificate as follows: “Whereas, at a trial of the above entitled cause before the court at the February Term (1877) thereof, it was by the parties understood with the court that the said cause did embrace or involve in its determination questions of law upon which it is desirable to have the opinion of the Supreme Court; and, whereas, the said certificate has not been filed or is missing' therefrom: Now, therefore, upon the application of defendant, as in accordance with the facts of…

2Cases cited2 opinions

  1. Mitchell v. First National BankSupreme Court of Iowa · 1874
  2. Lomax v. FletcherSupreme Court of Iowa · 1875

3Cited by1 opinion

  1. Foye v. WalkerSupreme Court of Iowa · 1883

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