Krcmar v. Independent School Dist. of Cedar Rapids

• Decision Date: 13 December 1921
• Docket Number: 34053
• Citation: 185 N.W. 485,192 Iowa 734
• Parties: CLARA S. KRCMAR, Appellant, v. INDEPENDENT SCHOOL DISTRICT OF CEDAR RAPIDS, Appellee
• Court: Iowa Supreme Court

185 N.W. 485

192 Iowa 734

CLARA S. KRCMAR, Appellant, v. INDEPENDENT SCHOOL DISTRICT OF CEDAR RAPIDS, Appellee

No. 34053

Supreme Court of Iowa, Des Moines

December 13, 1921

Appeal from Linn District Court.--F. F. DAWLEY, Judge.

APPEAL from condemnation proceedings instituted by the Independent School District of Cedar Rapids, Iowa, against certain real estate of the plaintiff. Petition was dismissed on the ground that the service of notice of appeal made upon the sheriff of Linn County was not sufficient and conferred no jurisdiction upon the district court to try said cause. Plaintiff appeals.

Affirmed.

Barnes Chamberlain, Hanzlik & Thompson, for appellant.

Deacon Good, Sargent & Spangler, for appellee.

DE GRAFF, J. EVANS, C. J., WEAVER and PRESTON, JJ., concur.

OPINION

DE GRAFF, J.

Plaintiff Krcmar was the owner of certain real estate situated in the city of Cedar Rapids, Iowa, and on the 5th day of April 1920 by proper legal proceedings and in conformity to Code Section 2815 as amended the defendant school district condemned said real estate and the plaintiff was awarded the sum of $ 7,500. On the 14th day of April 1920 plaintiff served upon the secretary of the school board and the sheriff of Linn County a notice of appeal to the district court. The appeal involved the amount of the award only. On May 25, 1920 defendant entered its special appearance and filed in said cause a motion to dismiss on the ground that the appeal was defective and not in conformity to statute. The motion was sustained by the trial court and an appeal taken to this court from the judgment entered.

But one issue is presented, to wit: Did the service of the notice of appeal upon the Independent School District of Cedar Rapids, Iowa by acceptance through its secretary and upon the sheriff of Linn County, Iowa give the district court jurisdiction to try the appeal?

Aside from constitutional provision the right of appeal is created by statute. It is purely statutory in the instant case and consequently the language of the statute and the clear intendment as expressed therein must govern. The notice of appeal must be given in the method prescribed and in substantial compliance with the statute. It is an idle ceremony to serve such notice upon an unnecessary or formal party or upon one whose interests are not adversely affected by a judgment from which the appeal is taken. The functions and jurisdiction of a...