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72 Iowa 555

State v. Arns

Supreme Court of Iowa

Decided October 12, 1887

Supreme Court of Iowa · decided 1887-10-12

Gr. W. Ruddiok, Judge. This is a proceeding in bastardy, in which the defendant is charged with the paternity of a child of which it is alleged one Mary Arns is pregnant. The defendant, by his answer, denied being the father of the child, and he attached to his answer certain interrogatories propounded to Mary Arns, and demanded that she be required to answer the same.

Decided 1887-10-12

Rothrock, J.

¶1An appeal from the order made in this case is not authorized by law. Section 3164 of the Code provides that an appeal may be taken from the following orders: (1) An order made affecting a substantial right in an action, when such order, in effect, determines the action, and prevents a judgment from which an appeal might be taken ; (2) a final order made in special proceedings, affecting a substantial right therein, or made on a summary application in an action after judgment It is apparent that the order made in this case does not come within either of the above provisions of the statute. The ruling made was a decision upon the right of the defendant to compel Mary Arns to answer questions, the answers to be used as evidence in the trial of the case. There is no appeal from rulings of this character. This was long ago determined by this court. Richards v. Burden, 31 Iowa, 305. It is unnecessary to do more than cite the case. It is in principle precisely to the point. The appeal must be

¶2Dismissed.

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