Phillips v. Shelton

Supreme Court of Iowa

Phillips v. Shelton

6 Iowa 545, 1858 Iowa Sup. LEXIS 139

CourtSupreme Court of Iowa

DecidedOctober 13, 1858

StatusPublished

Cited by4 cases

This text of 6 Iowa 545 (Phillips v. Shelton) 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

Phillips v. Shelton, 6 Iowa 545, 1858 Iowa Sup. LEXIS 139 (iowa 1858).

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Opinion

'Weight, C. JV

— This appeal must be dismissed. Smith was never made a party to the proceedings in the court below, nor is there sufficient to show, that he has any such interest in the litigation as entitles him to be heard in this court. If the district court had determined that he could not be made a party, he might have asked us to re-examine that question. But until some question has been adjudicated, to which he was a party, he has no right to appeal. Ilis remedy, if any he has, lies in another direction.

Appeal dismissed, and judgment affirmed.

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'Weight, C. JV

— This appeal must be dismissed. Smith was never made a party to the proceedings in the court below, nor is there sufficient to show, that he has any such interest in the litigation as entitles him to be heard in this court. If the district court had determined that he could not be made a party, he might have asked us to re-examine that question. But until some question has been adjudicated, to which he was a party, he has no right to appeal. Ilis remedy, if any he has, lies in another direction.

Appeal dismissed, and judgment affirmed.

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Bluebook (online)

6 Iowa 545, 1858 Iowa Sup. LEXIS 139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-v-shelton-iowa-1858.

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