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77 Iowa 599

Whitton v. Fuller

Supreme Court of Iowa

Decided May 21, 1889

Supreme Court of Iowa · decided 1889-05-21

<p>Appeal: jurisdiction: defective abstract. This court has no jurisdiction of a cause brought up from the district court where the abstract fails to show that an appeal was taken to this court.</p>

Decided 1889-05-21

Granger, J.

¶1The abstract in this case sets out the pleading; a stipulation of facts on which the cause was submitted below; the judgment of the district court; and an assignment of errors. It contains no words whatever with reference to an appeal or a submission of the cause to this court. Arguments of counsel are on file, but they do not give to this court jurisdiction. There is no record upon which to base a judgment here, and the proceeding as to this court is

¶2Dismissed

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