Hawke & Bro. v. Urban
Supreme Court of Iowa
Appeal from Mills District Court This is an action in equity, brought in Mills county by the plaintiffs, who are merchants, against the defendants, who are husband and wife, for flour, groceries, dry-goods and other merchandise sold to defendants, at the request of defendant Mary, and which were furnished for the ordinary and necessary use of the family.
Read the full summary
Appeal from Mills District Court This is an action in equity, brought in Mills county by the plaintiffs, who are merchants, against the defendants, who are husband and wife, for flour, groceries, dry-goods and other merchandise sold to defendants, at the request of defendant Mary, and which were furnished for the ordinary and necessary use of the family. The petition alleged that the husband was insolvent, and that the wife owned certain real estate in Mills county, upon which plaintiffs asked that their claim should be declared a lien and enforced as such. The court, on motion of defendants,…
1Opinion of the CourtCole, J.
1. Venue: husband and wife. The correctness of the order awarding a : change of venue, is the only question presented « , . for our determination.
Our statute declares (Rev., § 2800) that except where otherwise provided, personal actions must be brought in a county wherein some of the defendants actually reside. It is then provided (§ 2795) that certain actions may be brought in the county in which the subject of the action is situated, and among others, actions for the foreclosure of a mortgage, or for the sale of real property under any incumbrance or charge. The statute further provides…
2Cases cited1 opinion
- Jones v. CrosthwaiteSupreme Court of Iowa · 1864
3Cited by5 opinions
- Cole v. BentleyAppellate Court of Illinois · 1887
- Von Platen v. KruegerAppellate Court of Illinois · 1882
- Hentig v. GilmoreSupreme Court of Kansas · 1885
- Harrison v. HillAppellate Court of Illinois · 1890
- Dunn v. Pickard Bros.Appellate Court of Illinois · 1887