Jensen v. Adlum

Morling, J. Defendant’s attorney, in preparing notice of appeal, used and filled out printed blanks. The notice and the acceptance of service were on the face of the blanks. He filled out the notice in triplicate, one of which he intended for the original, and two for copies for service on the attorneys. He signed the one intended for the original, but did not sign either of- the other two. In the making of the service, the signed copy came into the possession of one of plaintiff’s attorneys, and *1043 one unsigned copy into tbe possession of tbe other of plaintiff’s attorneys. On tbe other unsigned copy, tbe plaintiff’s attorneys and tbe clerk of tbe court signed tbe acceptances of service. This unsigned copy, with tbe acceptances of service, was duly filed with tbe clerk. All three of tbe notices bad upon tbe back, tbe ordinary indorsement, consisting of tbe label, “notice of appeal,” the title of tbe action, and tbe name “B. J. Organ, attorney for defendant.” This indorsement was placed upon tbe notices, with tbe authority of tbe defendant’s attorney, by bis stenographer, and was on them at- tbe time of the service and filing. Tbe plaintiff moves tbe court to dismiss tbe appeal because tbe notice was not signed by tbe defendant or by bis attorney. Tbe signed copy received by one of tbe plaintiff’s attorneys was, as to delivery of copies to them, sufficient, and, if the notice upon which plaintiff’s attorneys accepted service bad been properly signed, service upon plaintiff’si attorneys would have been good. But service upon tbe clerk was as essential as service upon tbe adverse party. Tbe notice that was served on tbe clerk, service of which wms accepted by tbe clerk and by the plaintiff’s attorneys, was not signed by defendant or bis attorney. On tbe record, tbe only notice of appeal consists of an unsigned notice to tbe clerk, of which tbe plaintiff’s attorneys and tbe clerk have accepted service. Unless tbe document is subscribed by tbe appellant or someone authorized to act for him, it is, in effect, only a blank piece of paper. Tbe indorsement on tbe back shows that Mr. Organ was tbe attorney for tbe defendant, and indicates that be prepared and filed tbe paper. It could not, however, convert tbe blank on tbe opposite side into a completed notice of appeal. • Under our numerous decisions, tbe motion must be sustained. Doerr v. Southwestern M. L. Assn., 92 Iowa 39; Pennypacker v. Floyd, 185 Iowa 233; State Sav. Bank v. Ratcliffe, 111 Iowa 662; Bedford v. Board of Supervisors, 162 Iowa 588; Merrill v. Timbrell (Iowa), 95 N. W. 237 (not officially reported). See Thorson v. City of Des Moines, 194 Iowa 565. Tbe appeal is — Dismissed,. Favíele, C. J., and EvaNS and AlbeRT, JJ., concur.