Baily v. Birkhofer
Supreme Court of Iowa
Appeal from Pottawattamie District Gourt. — Hon. O. D. Wheejleb, Judge. Plaintiff brought action before a justice of the peace in and for Pottawattamie county, Iowa, on a promissory note signed by defendant; Judgment was rendered for defendant, and plaintiff appealed to the superior court of the city of Council Bluffs. Hither by agreement or upon motion the ease was transferred to the district court of Pottawattamie county for trial.
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Appeal from Pottawattamie District Gourt. — Hon. O. D. Wheejleb, Judge. Plaintiff brought action before a justice of the peace in and for Pottawattamie county, Iowa, on a promissory note signed by defendant; Judgment was rendered for defendant, and plaintiff appealed to the superior court of the city of Council Bluffs. Hither by agreement or upon motion the ease was transferred to the district court of Pottawattamie county for trial. When the case reached that court, defendant interposed a plea to the jurisdiction, based upon the fact that defendant was a resident of Crawford county when the…
1Opinion of the CourtDeemer, C. J.
-The note on which the action was brought was dated at Council Bluffs, Iowa, although signed by defendant in Crawford county. The post office of the *61maker is given as Dow. City, which, is in Crawford county, of which fact we must, of course, take judicial notice.
The maker promised to pay the sum named at “the First National Bank.” No other designation of the place of payment appears upon the instrument, except a printed memorandum on the margin reading, “Corner Main Street and First Ave.” These words were no part of the note. But, if so treated, it is manifest that they give no indication as…
2Cases cited4 opinions
- Hunt v. BrattSupreme Court of Iowa · 1867
- Blodgett v. DurginSupreme Court of Vermont · 1859
- Porter v. WelshSupreme Court of Iowa · 1902
- State v. LeisSupreme Court of Iowa · 1860
3Cited by16 opinions
- State ex rel. St. Louis Dressed Beef & Provision Co. v. NixonSupreme Court of Missouri · 1911
- King v. KaiserCourt of Appeals of Maryland · 1915
- Bardsley v. Washington Mill Co.Washington Supreme Court · 1909
- Hobbs v. LudlowIndiana Supreme Court · 1928
- Joeckel v. JohnsonSupreme Court of Iowa · 1916
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