Legal Opinion

Columbus Junction Telephone Co. v. Overholt

Supreme Court of Iowa

Decided February 11, 1905Published

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

  1. Jones v. Chicago & Northwestern R. R.Supreme Court of Iowa · 1872
  2. Mathews v. Clayton CountySupreme Court of Iowa · 1890
  3. Marshall v. KinneySupreme Court of Iowa · 1855
  4. McKenney v. HopkinsSupreme Court of Iowa · 1866

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