McPoland v. Fitzpatrick

Supreme Court of Iowa

McPoland v. Fitzpatrick

1 Greene 543

DecidedJuly 15, 1848

StatusPublished

This text of 1 Greene 543 (McPoland v. Fitzpatrick) 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

McPoland v. Fitzpatrick, 1 Greene 543 (iowa 1848).

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Opinion

Kinney, J.

This case comes before this court upon writ of error. We have repeatedly decided in chancery cases, since the adoption of our state constitution, that the supreme court cannot take jurisdiction upon writs of error.

The only mode contemplated by the constitution for removing chancery cases to this court, is by appeal, and although no objection has been made by the counsel for the appellee, and therefore he has tacitly consented to a hearing of the case upon its merits, yet as merely implied consent is not sufficient to confer jurisdiction, the cause must be dismissed.

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Kinney, J.

This case comes before this court upon writ of error. We have repeatedly decided in chancery cases, since the adoption of our state constitution, that the supreme court cannot take jurisdiction upon writs of error.

The only mode contemplated by the constitution for removing chancery cases to this court, is by appeal, and although no objection has been made by the counsel for the appellee, and therefore he has tacitly consented to a hearing of the case upon its merits, yet as merely implied consent is not sufficient to confer jurisdiction, the cause must be dismissed.

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Bluebook (online)

1 Greene 543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcpoland-v-fitzpatrick-iowa-1848.