Dean v. McTaggart

Supreme Court of Iowa

Dean v. McTaggart

40 Iowa 688

DecidedDecember 22, 1875

StatusPublished

This text of 40 Iowa 688 (Dean v. McTaggart) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dean v. McTaggart, 40 Iowa 688 (iowa 1875).

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Opinion

Day, J.

This action was commenced on the 20th day of December, 1873, before a justice of the peace, for the recovery of $50.00. Judgment was rendered for plaintiff for the amount claimed. The defendant appealed to the Circuit Court, where plaintiff again recovered judgment for $50.00 and costs. The record does not show that a certificate of the trial judge was procured, as required by Section 3173, Code of 1873.

We have frequently held that such certificate is necessary to confer upon this court jurisdiction. Kieruffiv. Adams, p. 31, ante; Nicely v. Rogers & Swinney, 39 Iowa, 441. The appeal must be

Dismissed.

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Day, J.

This action was commenced on the 20th day of December, 1873, before a justice of the peace, for the recovery of $50.00. Judgment was rendered for plaintiff for the amount claimed. The defendant appealed to the Circuit Court, where plaintiff again recovered judgment for $50.00 and costs. The record does not show that a certificate of the trial judge was procured, as required by Section 3173, Code of 1873.

We have frequently held that such certificate is necessary to confer upon this court jurisdiction. Kieruffiv. Adams, p. 31, ante; Nicely v. Rogers & Swinney, 39 Iowa, 441. The appeal must be

Dismissed.

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Bluebook (online)

40 Iowa 688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dean-v-mctaggart-iowa-1875.

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