78 Iowa 436 | Iowa | 1889
Appellee has filed in this court, under the provision of section 3213, Code, his verified answer, to which appellant has replied, and from which it appears that on the twelfth day of February, 1889, the appellee paid said judgment for costs in full, and that, on the same day, appellant’s attorney, A. EL Stutsman, received and receipted for the attorney’s fee of seventy-five dollars, and for one dollar copy fee, and twenty-five cents notary fee. Appellee’s contention is that, by appellant’s attorney accepting this money, the plaintiff’s right to appeal was destroyed.- It is very clear that, by accepting the amount of a judgment in his favor, the party waives all errors and right of appeal. Railway Co. v. Byington, 14 Iowa, 572; Independent Dist. District Tp., 44 Iowa, 201. The plaintiff appeals on the grounds that the court erred in not finding that the defendant was keeping a place in which to sell intoxicating liquors in violation of law, and in not ordering the brewery building and saloon closed; and the seizure and sale of the movable property. He contends that the payment of the costs to parties entitled thereto does not destroy the right of appeal, and that in prosecuting this case he is acting solely as a representative of the public. The Code provides: “And, if successful in -the action, the plaintiff shall be entitled to an attorney’s fee of not less than twenty-five dollars, to be taxed and collected as costs against the defendant.” Laws of 1886, ch. 66, sec. 1, (McClain’s Code, 1888, sec. 2385. The allowance is to the plaintiff, not to his attorney.) The judgment in this case was in favor of the plaintiff, and not his attorney.
Dismissed.
