Lucas County v. Wilson
Supreme Court of Iowa
Appeal from Lucas District Cou/rt. A. J. Wilson was indicted in Ringgold county and the defendant gave a bond or undertal&ing for the appearance of the said Wilson to answer the charge against him. After-wards the venue in the criminal proceeding was changed on the application of the defendant therein to tile District Court of Lucas county. A. J. Wilson failed to appear in the last named court and county, and this action is brought to recover on the undertaking.
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Appeal from Lucas District Cou/rt. A. J. Wilson was indicted in Ringgold county and the defendant gave a bond or undertal&ing for the appearance of the said Wilson to answer the charge against him. After-wards the venue in the criminal proceeding was changed on the application of the defendant therein to tile District Court of Lucas county. A. J. Wilson failed to appear in the last named court and county, and this action is brought to recover on the undertaking. On motion of the defendants the place of trial was changed to Ringgold county, and plaintiff appeals.
1Opinion of the Court
Seevers, Oh. J.
i. appeal: changing place of trial. I. Counsel for the appellee have filéd a motion to dismiss the appeal on the ground that none lies from an order changing the place of trial. It was so held in Allerton v. Eldridge, 56 Iowa 709 and Groves v. Richmond, 58 Iowa, 54. But those cases are different from the one now before us. In the present case the motion was filed to change the place of trial because the defendant was a resident of Ringgold county, and it was agreed in oj>en court by counsel “that the object of the motion was to alone test Lucas county’s right to at all sue on…
2Cases cited2 opinions
- Groves v. RichmondSupreme Court of Iowa · 1882
- Decatur County v. MaxwellSupreme Court of Iowa · 1868
3Cited by2 opinions
- Deitloff v. City of NorfolkNebraska Supreme Court · 1968
- Lucas County v. WilsonSupreme Court of Iowa · 1883