McMeans v. Cameron
Supreme Court of Iowa
App>eal from Jones Circuit Court. This action was commenced before a justice of the peace in Jones county by attachment of property. The defendant is a resident of Benton county. He appeared and moved to dismiss the action because of such fact, which motion was overruled, and thereupon he filed an answer denying the allegations of the petition.
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App>eal from Jones Circuit Court. This action was commenced before a justice of the peace in Jones county by attachment of property. The defendant is a resident of Benton county. He appeared and moved to dismiss the action because of such fact, which motion was overruled, and thereupon he filed an answer denying the allegations of the petition. There was a trial, and the justice rendered judgment for the plaintiff, whereupon the defendant appealed to the Circuit Court, in which court the motion to dismiss, made before the justice, was renewed, and same sustained, and judgment rendered against…
1Opinion of the CourtSeevers, J.
— The ruling of the Circuit Court is in accord with Gates v. Wagner, 46 Iowa, 355, and Hamilton v. Millhouse, Id., 74, unless the filing of an answer before the justice makes a difference between those cases and the one at bar. But it was held in Boyer v. Moore, 42 Iowa, 544, that “under the Code the justice of the peace lacks jurisdiction of the subject-matter in such case.” The rule is well established that consent never confers jurisdiction over the subject-matter of an action.
Aeeirmed.
2Cases cited2 opinions
- Boyer v. MooreSupreme Court of Iowa · 1876
- Gates v. WagnerSupreme Court of Iowa · 1877
3Cited by13 opinions
- Vidger v. NolinNorth Dakota Supreme Court · 1901
- Heath v. HalfhillSupreme Court of Iowa · 1898
- Porter v. WelshSupreme Court of Iowa · 1902
- Schrader v. HooverSupreme Court of Iowa · 1893
- Groves v. RichmondSupreme Court of Iowa · 1881
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