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Barnhart v. Farr

Barnhart v. Farr, 7 N.W. 644 (Iowa 1880)
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Court
Supreme Court of Iowa · State Highest Courts
Decided
December 17, 1880
Judges
Rothrock
Citations
7 N.W. 64455 Iowa 366
Headnotes
1. Practice in the Supreme Court: exception. An exception to tlie conclusion of law upon which a judgment is based is the same for the purposes of appeal as an exception to the judgment itself. 2. -: assignment oe errors. The provision of the statute requiring errors to be assigned bn an appeal in a law action is peremptory, and unless they are assigned the Supreme Court cannot consider the appeal.
Summary
Appeal from Blade Howie Owouit Oov/rt. This is an action at law in which the plaintiff, "being publisher of a newspaper, seeks to recover of the defendant Farr, as sheriff, and of the other defendants as sureties on his official bond, certain printer’s fees for publishing a large number of sheriff’s sale notices, which fees, it is alleged, said Farr collected and appropriated to his own use. A jury was waived and a trial was had to the court. Judgment was rendered against defendant Farr, and the other defendants, his sureties, were by tbe judgment of the court held not liable to- tbe plaintiff. Tbe plaintiff appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Rothrock

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Rothrock, J.

i. practice in coiirtfexceptlons‘ I. It is urged by counsel for appellees that tliis cause must be affirmed, because tbe record does not show there was any exception to the judgment rendered by tbe court below. An exception appears to have been taken to tbe conclusion of law from tbe facts found by tlie court, and we incline to think this was sufficient. The formal judgment was founded upon the conclusion of law which was excepted to.

*367

2..-as-SnS?í6nt °f

*366 II. It is contended that the appeal cannot be entertained *367 because there is no assignment of errors. This point appears to us to be well taken. "We find nothing in the record which purports to be an assignment of errors. Counsel for appellant insists that no formal assignment is necessary because but one point is relied upon, and that is apparent from the record and argument- The statute is peremptory. Error must be assigned or we cannot entertain the appeal. Code, §§ 3183, 3207. Twogood & Elliott v. Reily, 48 Iowa, 546 . Rules of practice prescribed by the statute, and by numerous decisions of this court, must be observed.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1882–1883: 11894–1895: 11896–1897: 21908–1909: 11916–1917: 11924–1925: 118822026peak 1896 · 2

Relies on it most ⓘ

  1. Boyd & Williams v. J. J. Watson & Co.101 Iowa 214 (1897)
  2. Weis v. Morris Bros.71 N.W. 208 (Iowa 1897)
  3. Haefer v. Mullison57 N.W. 893 (Iowa 1894)
  4. Gulliher v. C., R. I. & P. R.13 N.W. 429 (Iowa 1882)
  5. Shull v. McCrum179 Iowa 1232 (1917)
  6. Hoyt v. Hoyt115 N.W. 222 (Iowa 1908)

Most recent

  1. B. F. Avery & Sons Plow Co. v. Olson201 N.W. 562 (Iowa 1925)
  2. Shull v. McCrum179 Iowa 1232 (1917)
  3. Hoyt v. Hoyt115 N.W. 222 (Iowa 1908)
  4. Weis v. Morris Bros.71 N.W. 208 (Iowa 1897)
  5. Boyd & Williams v. J. J. Watson & Co.101 Iowa 214 (1897)
  6. Haefer v. Mullison57 N.W. 893 (Iowa 1894)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Twogood & Elliott v. Reily, 48 Iowa 546 (1878) 1

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