Hopkins Fine Stock Co. v. Reid
Supreme Court of Iowa
Appeal from Page District Gourt. — Hon. A. B. Tiiornell, Judge. This is an action in replevin, which originated in the court of a justice of the peace. The value of the property was fixed in the petition at one hundred and ten dollars. It was taken by appeal to the district court, and was there tried, without the intervention of a jury. From a judgment in defendant’s favor, the plaintiff appeals.
1Opinion of the CourtWaterman, J.
*791 *78No objection seems to have been made to the jurisdiction of the justice and no such question is pre-' *79sented. here. We are therefore authorized to presume that the parties gave their consent to the trial by the justice. Chesmore v. Barker, 101 Iowa, 577.
2 3 II. Appellee moves to strike from the record the bill of exceptions, because not signed or filed in time. The judgment of the district court was rendered April 4, 1896, and, by its terms, one hundred days were given in which to prepare and file a bill of exceptions. The bill of exceptions was signed July 31, 1896, and it was filed a few…
2Cases cited9 opinions
- Thompson v. AndersonSupreme Court of Iowa · 1895
- Barber v. ScottSupreme Court of Iowa · 1894
- Fleming v. StearnsSupreme Court of Iowa · 1890
- Bunyan v. LoftusSupreme Court of Iowa · 1894
- Hood v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1895
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3Cited by5 opinions
- Minneapolis Iron Store Co. v. BranumNorth Dakota Supreme Court · 1917
- Chambers v. First State Bank & Trust Co.Supreme Court of Iowa · 1934
- Sonka v. YonkersSupreme Court of Iowa · 1921
- Boyer v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1904
- Nauman v. NaumanSupreme Court of Iowa · 1908