Marlow v. Smalley

Supreme Court of Iowa

Marlow v. Smalley

38 Iowa 695

DecidedJune 12, 1874

StatusPublished

This text of 38 Iowa 695 (Marlow v. Smalley) 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

Marlow v. Smalley, 38 Iowa 695 (iowa 1874).

Pincite

Opinion

Beck, J.

— Action upon a promissory note for $50, commenced before a Justice of the peace February 11th, 1872, where a judgment was rendered for plaintiff. The defendants appealed to the Circuit Court, and a judgment was rendered for plaintiff January 13th, 1874, in the sum of $79.57, being the principal and interest due on the note. Defendant appeals to this court. The amount in controversy does not exceed one hundred dollars [696]*696as shown by the pleadings. The appeal t'o this court was taken January 17, 1874, and. a certifícate of the judge trying the cause, to the effect that it involves a question of law upon which it is desirable to have the opinion of this court, was filed March 20, 1874. To entitle the party to appeal, such a certificate should have been given at the time of the trial — certainly before the appeal is taken. Without it the appeal is not authorized, and this court cannot acquire jurisdiction of the cause. Code, § 3173.

The appeal having been taken contrary to law, it must be dismissed.

Appeal dismissed.

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Beck, J.

— Action upon a promissory note for $50, commenced before a Justice of the peace February 11th, 1872, where a judgment was rendered for plaintiff. The defendants appealed to the Circuit Court, and a judgment was rendered for plaintiff January 13th, 1874, in the sum of $79.57, being the principal and interest due on the note. Defendant appeals to this court. The amount in controversy does not exceed one hundred dollars [696]*696as shown by the pleadings. The appeal t'o this court was taken January 17, 1874, and. a certifícate of the judge trying the cause, to the effect that it involves a question of law upon which it is desirable to have the opinion of this court, was filed March 20, 1874. To entitle the party to appeal, such a certificate should have been given at the time of the trial — certainly before the appeal is taken. Without it the appeal is not authorized, and this court cannot acquire jurisdiction of the cause. Code, § 3173.

The appeal having been taken contrary to law, it must be dismissed.

Appeal dismissed.

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Bluebook (online)

38 Iowa 695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marlow-v-smalley-iowa-1874.