108 Iowa 658 | Iowa | 1899
2 I. The notice of appeal was not served on tbe plaintiff Foster, and a motion to dismiss tbe appeal for that reason is submitted. Mason and Foster own separate and distinct tracts of land, and neither is interested in any manner in that owned by tbe other. Each tract is assessed separately for tbe curbing in front of it. The plaintiffs were not, therefore, seeking to protect a joint interest., although the alleged fraud and illegality affected alike each assessment. It is said in support of tbe motion that it is within tbe rule of Goodwin v. Hilliard, 76 Iowa, 555. It was unquestioned in that case that tbe person not served was a necessary.party to a trial in this court and that service of notice of appeal on him was necessary, but that is not true of Foster in this case. Service of notice on him was not required, to give this court jurisdiction of tbe case, so far as it affects Mason’s separate interests, and we have the right to consider and determine those interests so far as they are involved in this appeal. See Fisher v. Chaffee, 96 Iowa, 15, and cases therein cited. Tbe motion to dismiss the appeal is therefore overruled.
[These eases, because of the pendency of petitions for rehearing, did not reach me in time to be published in their chronological order. — Bepobtee. ]