Gates v. Knosby
Supreme Court of Iowa
Appeal from Dicleinson District Court. — Hon. Lot Ti-iomas, Judge. Proceedings by writ of error to a justice’s court. Upon the hearing by the district court, the action of the justice’s court complained of was reversed, and the cause was remanded for further proceedings. All parties appeal, the appeal of the plaintiff 'having been first taken.
1Opinion of the CourtRobinson, C. J.
*2411 *240This cause is submitted to1 us on a certificate of the trial judge which shows the following facts: Action ivas commenced by the plaintiff against the defendants in the court of William Hayward, justice. When the time for trial arrived, Hayward was sick, and called in R. A. Smith, another justice of the same toAvnship. The parties appeared, a jury was empaneled, and the cause was submitted, but the jury failed to agree, and, in the absence of the parties and their attorneys, and without their knowledge, Avas discharged by the justice, Smith, and, believing jhis con*241nection with the case was…
2Cases cited4 opinions
- Burchett v. CasadySupreme Court of Iowa · 1865
- Davis v. SimmaSupreme Court of Iowa · 1862
- Knox v. NicoliSupreme Court of Iowa · 1896
- Lyon v. ComstockSupreme Court of Iowa · 1859
3Cited by3 opinions
- Emmons v. IngebretsonDistrict Court, N.D. Iowa · 1968
- Gray v. LukowskiSupreme Court of Iowa · 1976
- Gray v. LukowskiSupreme Court of Iowa · 1976