112 Iowa 296 | Iowa | 1900
Plaintiff commenced an action before a justice of the peace, and recovered judgment against the defendant for the sum of one cent. Defendant gave oral notice of appeal, and within 20 days thereafter perfected his-appeal by filing bond. Subsequently the justice certified all
Section 4548 of the Code provides that an appeal from-the judgment of a justice of the peace must be taken within 20 days after its rendition; section 4552, that the appeal is not perfected until a bond- is taken and filed in the office of the justice of the peace; section 4553, that on the-appeal being perfected the case will be in the court to which the appeal is taken; section 4555, that upon the appeal being perfected the-justice shall file in the office of the clerk all original papers, and a transcript of his docket entries;, section 4558, that, if an appeal is perfected 10 days before the next term of court, the justice’s return must be made at least 5 days before the term, and that all cases must be tried when reached, unless continued for cause; section 45G0, that if an appeal is not perfected on the day on which judgment was rendered, written notice must be served on 1he appellee or his agent at least 10 days before the next term of court to which the appeal was taken, if 10 days intervene, or the action, on motion of the appellee, shall be continued at the cost of appellant. There is some confusion in our previous cases construing these or like sections of previous Codes. In McCormick v. Bishop, 3 G. Greenc, 99, it is held, on appeal from the action of the district'