Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa (Volume 99) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898. Excerpt: ... same day, the defendant filed his appeal bond, which was approved, and the papers and transcript were filed by tbe justice in the office of the clerk of the district court of the county. In the district court said cause was dismissed on plaintiff's motion, because the amount in controversy was less than twenty-five dollars, and judgment was rendered against tbe defendant for costs. The questions presented, are: (1) Was said appeal taken and allowed, within the meaning of the provisions of the Code, before the remitittur was filed? (2) Did the filing of the remitittur reduce the amount in controversy to twenty-four dollars and ninety-nine cents, so as to defeat the appeal? (3) This question, as stated, is, in effect, embraced in those already set out.--Affirmed. Warren & Johnston for appellant. J. C. Walter and Chas. S. Macomber for appellees. Kinne, J.--The statute provides that: "No appeal shall be allowed in any case where the amount in controversy does not exceed twenty-five dollars." Code, secton 3575 (Acts Eighteenth General Assembly chapter 163). "The appeal must be taken and perfected within twenty days after the rendition of the judgment." Code, section 3576. "fhe appeal shall in no case be allowed until a bond is taken and filed in the offices of the justice. " Code, section 3580. "Upon the appeal being taken in accordance with the foregoing provisions, all farther proceedings in the cause by him shall be suspended." Code, section 3581. "Upon the return of the justice being filed in the office of the clerk, the cause will be deemed in the circuit court." Code, section 3584. "If an appeal is not allowed on the day on which judgment is rendered, written notice thereof must be served on the appellee or his agent. " Code, section 3588. The for...