Columbus Junction Telephone Co. v. Overholt
Supreme Court of Iowa
Appeal from Louisa District Oourt.— HoN. James X). - Smyth, Judge. Appeal from a judgment determining that a change of. venue from one justice of the peace to another was improp-. erly granted.—
1Opinion of the CourtSherwin, C. J.
This suit was commenced before a justice of the peace, and on the return day the defendant appeared and filed an answer. A motion to strike from the answer and to make it more specific was thereupon filed by the plaintiff, and was sustained. The defendant then filed a substituted answer, and immediately thereafter a motion for a change of venue, which was sustained, and the case was sent to the next nearest justice, where a trial was had and a judgment rendered for the defendant.
The controlling question is whether the change was-rightly granted, and its solution depends on the construction of…
2Cases cited4 opinions
- Jones v. Chicago & Northwestern R. R.Supreme Court of Iowa · 1872
- Mathews v. Clayton CountySupreme Court of Iowa · 1890
- Marshall v. KinneySupreme Court of Iowa · 1855
- McKenney v. HopkinsSupreme Court of Iowa · 1866