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6 Iowa 528

McBrearty v. Dyer

Supreme Court of Iowa

Decided October 13, 1858

Supreme Court of Iowa · decided 1858-10-13

Ajypeal from the Keolaik District Court. Suit commenced before a justice of the peace, and judgment rendered against the defendant, on the 7th of June, 1856. On the 26th day of June, as appears from the transcript of the justice, the defendant filed a bond for an appeal, and the appeal was allowed. Notice of the appeal was served on the plaintiff, on the 4th day of September, 1856.

Decided 1858-10-13

Stockton, J.

¶1— If the question for our consideration was, whether there was error in the judgment of the court dismissing the appeal allowed by the justice, we should be inclined to doubt the correctness of the decision of the court dismissing that appeal. But the appeal to this court is from the judgment of the district court, dismissing the appeal allowed by the clerk. In this judgment we think there was no error. ¥e think the true interpretation of section 2330 of the Code is, that the' appeal, whether allowed by the justice or by the clerk, must be taken and perfected within twenty days from the rendition of the judgment.

¶2Judgment affirmed.

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