Smith v. City of Des Moines

Supreme Court of Iowa

Smith v. City of Des Moines

85 Iowa 725

DecidedFebruary 2, 1892

StatusPublished

This text of 85 Iowa 725 (Smith v. City of Des Moines) 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

Smith v. City of Des Moines, 85 Iowa 725 (iowa 1892).

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Opinion

Robinson, C. J.

This cause is submitted on an abstract, an additional abstract, and a motion to dismiss and affirm. The failure of the plaintiff to present an argument would have deprived her of the right to a hearing in this court on the merits of the case. The .additional abstract, which is not denied, states that notice of appeal has not been served on the clerk of the district court. This must be taken as true. The omission to serve the clerk with notice is fatal. See State v. Clossner, 84 Iowa, 401 (decided at present term of this court). The ease is dismissed.]

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Robinson, C. J.

This cause is submitted on an abstract, an additional abstract, and a motion to dismiss and affirm. The failure of the plaintiff to present an argument would have deprived her of the right to a hearing in this court on the merits of the case. The .additional abstract, which is not denied, states that notice of appeal has not been served on the clerk of the district court. This must be taken as true. The omission to serve the clerk with notice is fatal. See State v. Clossner, 84 Iowa, 401 (decided at present term of this court). The ease is dismissed.]

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Bluebook (online)

85 Iowa 725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-city-of-des-moines-iowa-1892.

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