Rogers v. Loop
Supreme Court of Iowa
Appeal from Tama Circuit Court. This action was commenced before a justice of the peace •of Perry township, Tama county. At the return day all of ~the parties appeared before the justice. The plaintiff filed a motion for change of venue, which was granted.
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Appeal from Tama Circuit Court. This action was commenced before a justice of the peace •of Perry township, Tama county. At the return day all of ~the parties appeared before the justice. The plaintiff filed a motion for change of venue, which was granted. Thereupon ~the parties entered into a written stipulation of which the following is a copy: “Whereas, a change of venue has this day been granted by James Fowler, Esq., in' tlie above entitled cause, now, it is hereby stipulated and agreed by the parties hereto that the transcript and papers in the cause shall be sent to G. Jaqua,. a…
1Opinion of the CourtRothrock, J.
*43i. nntisDicof the peace, *42— It is unquestionably correct that consent of *43the parties cannot confer jurisdiction over the subject-matter of an action where the law itself does not confer it. Smith v. Dubuque Co., 1 Iowa, 492; Dicks v. Hatch, 10 Iowa, 380; Walker v. Kynett, 32 Iowa, 524.
For example, a justice of the peace cannot exercise jurisdiction by consent of the parties in a criminal prosecution when the penalty exceeds a fine of one hundred dollars, or thirty days’ imprisonment. No such question, however, arises in this ease. When the venue was changed to Jaqua, a justice of the peace in…
2Cases cited3 opinions
- Dicks v. HatchSupreme Court of Iowa · 1860
- Smiths v. Dubuque CountySupreme Court of Iowa · 1855
- Walker v. KynettSupreme Court of Iowa · 1871
3Cited by7 opinions
- Jones v. CullenIndiana Supreme Court · 1895
- Meisenheimer v. MeisenheimerWashington Supreme Court · 1909
- Schrader v. HooverSupreme Court of Iowa · 1893
- Holmes v. IgoSupreme Court of Minnesota · 1910
- Capper v. SibleySupreme Court of Iowa · 1885
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