Biddle v. Allender
Supreme Court of Iowa
Appeal from Henry District Court. Replevin. The justice before whom the cause was tried resided in one'township, while the parties resided in others. The property replevied was also found in another. On defendants” motion the cause was dismissed for want of jurisdiction. This judgment was affirmed in the District Court, and the plaintiff appeals.
1Opinion of the CourtWright, J.
The error assigned relates to the action of the District Court in affirming the judgment of the justice, who dismissed plaintiff’s case for want of jurisdiction. Appellees claim there were certain defects in plaintiff’s petition, and in the bond filed by plaintiff to procure his writ of replevin; and that for these reasons the justice may have dismissed the case. To these positions it is a sufficient answer, that no such objections were made in the motion to dismiss, and that the justice made his ruling expressly upon the ground that he was an officer in one township, while the defendants…
2Cases cited1 opinion
- Leversee v. ReynoldsSupreme Court of Iowa · 1862
3Cited by1 opinion
- Knowles v. PicketSupreme Court of Iowa · 1877