State v. Doty

Supreme Court of Iowa

State v. Doty

80 N.W. 505, 109 Iowa 453

CourtSupreme Court of Iowa

DecidedOctober 21, 1899

StatusPublished

Cited by1 cases

This text of 80 N.W. 505 (State v. Doty) 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

State v. Doty, 80 N.W. 505, 109 Iowa 453 (iowa 1899).

Pincite

Opinion

Ladd, J.

Indictment for libel, to which the defendant interposed a demurrer. This was overruled, and the'appeal is from that ruling. It does not appear judgment has ever been entered. In a criminal action, “an appeal can only betaken from final judgment.” Code, section 5448. An order overruling a demurrer is not such. State v. Swearengen, 43 Iowa, 336. To confer jurisdiction, the abstract mustf affirmatively show that final judgment has been entered,. [454]*454State v. Wheeler, 65 Iowa, 619; State v. Haworth, 85 Iowa, 712; State v. Briggs, 73 Iowa, 456. It follows that this .appeal must be dismissed. '

Free access — add to your briefcase to read the full text and ask questions with AI

Ladd, J.

Indictment for libel, to which the defendant interposed a demurrer. This was overruled, and the'appeal is from that ruling. It does not appear judgment has ever been entered. In a criminal action, “an appeal can only betaken from final judgment.” Code, section 5448. An order overruling a demurrer is not such. State v. Swearengen, 43 Iowa, 336. To confer jurisdiction, the abstract mustf affirmatively show that final judgment has been entered,. [454]*454State v. Wheeler, 65 Iowa, 619; State v. Haworth, 85 Iowa, 712; State v. Briggs, 73 Iowa, 456. It follows that this .appeal must be dismissed. '

Cite This Page — Counsel Stack

Bluebook (online)

80 N.W. 505, 109 Iowa 453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-doty-iowa-1899.

Opinion

Related

Cite This Page — Counsel Stack