McBrearty v. Dyer

Supreme Court of Iowa

McBrearty v. Dyer

6 Iowa 528

DecidedOctober 13, 1858

StatusPublished

This text of 6 Iowa 528 (McBrearty v. Dyer) 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

McBrearty v. Dyer, 6 Iowa 528 (iowa 1858).

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Opinion

Stockton, J.

— If the question for our consideration was, whether there was error in the judgment of the court dismissing the appeal allowed by the justice, we should be inclined to doubt the correctness of the decision of the court dismissing that appeal. But the appeal to this court is from the judgment of the district court, dismissing the appeal allowed by the clerk. In this judgment we think there was no error. ¥e think the true interpretation of section 2330 of the Code is, that the' appeal, whether allowed by the justice or by the clerk, must be taken and perfected within twenty days from the rendition of the judgment.

Judgment affirmed.

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Stockton, J.

— If the question for our consideration was, whether there was error in the judgment of the court dismissing the appeal allowed by the justice, we should be inclined to doubt the correctness of the decision of the court dismissing that appeal. But the appeal to this court is from the judgment of the district court, dismissing the appeal allowed by the clerk. In this judgment we think there was no error. ¥e think the true interpretation of section 2330 of the Code is, that the' appeal, whether allowed by the justice or by the clerk, must be taken and perfected within twenty days from the rendition of the judgment.

Judgment affirmed.

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Bluebook (online)

6 Iowa 528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcbrearty-v-dyer-iowa-1858.