Plummer v. People's National Bank of Independence

Supreme Court of Iowa

Plummer v. People's National Bank of Independence

33 N.W. 150, 74 Iowa 731, 1888 Iowa Sup. LEXIS 107

CourtSupreme Court of Iowa

DecidedJune 10, 1887

StatusPublished

Cited by10 cases

This text of 33 N.W. 150 (Plummer v. People's National Bank of Independence) 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

Plummer v. People's National Bank of Independence, 33 N.W. 150, 74 Iowa 731, 1888 Iowa Sup. LEXIS 107 (iowa 1887).

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Opinion

Adams, C. J.

This court cannot take jurisdiction of a case unless our jurisdiction appears affirmatively from the record. Where cases ^ire submitted upon an abstract, we assume that the abstract shows the whole record, so far as it is material. If the abstract does not show that we have jurisdiction, we can do nothing but dismiss the case. The abstract before us does not show that an appeal was taken. This it should show. Rule of Court, 98. We have no jurisdiction of the case except upon appeal. It is true that the appellee appears; but appearance does not confer jurisdiction upon an appellate court. In the absence of an appeal, the appellate court lacks more than j urisdiction of the person of the appellee. It is true, also, that the appellee in this case does not raise the question of a want of jurisdiction; but a court should see to it of its own motion that the case is one of which it appears to have jurisdiction. We think that the appeal must be

Dismissed.

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Adams, C. J.

This court cannot take jurisdiction of a case unless our jurisdiction appears affirmatively from the record. Where cases ^ire submitted upon an abstract, we assume that the abstract shows the whole record, so far as it is material. If the abstract does not show that we have jurisdiction, we can do nothing but dismiss the case. The abstract before us does not show that an appeal was taken. This it should show. Rule of Court, 98. We have no jurisdiction of the case except upon appeal. It is true that the appellee appears; but appearance does not confer jurisdiction upon an appellate court. In the absence of an appeal, the appellate court lacks more than j urisdiction of the person of the appellee. It is true, also, that the appellee in this case does not raise the question of a want of jurisdiction; but a court should see to it of its own motion that the case is one of which it appears to have jurisdiction. We think that the appeal must be

Dismissed.

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Bluebook (online)

33 N.W. 150, 74 Iowa 731, 1888 Iowa Sup. LEXIS 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/plummer-v-peoples-national-bank-of-independence-iowa-1887.

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