18 Iowa 239 | Iowa | 1865
The appeal to the District Court was taken on the 28th day of September, 1864, which was subsequent to the date of the new or amended Revenue Law, passed August 1st, 1864, which provides that “ writs or other process on appeal from justices’ courts or other courts of inferior jurisdiction to a court of record, shall be subject to a stamp duty of fifty cents,” &e.
We are inclined to adopt the construction the commissioner of internal revenue at Washington has given to the words, “ writs or other process,” which is, that they comprehend any instrument or paper whatever which in effect transfers a cause from an inferior to a superior court. The motion to dismiss, as made, fully covered this construction of the revenue law, and should have been sustained. In so holding, we intend to intimate no opinion upon the constitutionality of this part of the internal revenue law of the government, as no question upon that point was raised or discussed by counsel who argued the case.
The other question, with regard to the right of third persons to intervene in a cause after an appeal to the
Eeversed.