Harty v. D. M. & M. R.
Supreme Court of Iowa
Appeal from Polls Circuit Court. These actions involve substantially the same questions. They were commenced before a justice of the peace. In one case the defendant failed to appear, and was defaulted for want of an appearance. In the other the defendant appeared, but made no answer, and was defaulted for want thereof.
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Appeal from Polls Circuit Court. These actions involve substantially the same questions. They were commenced before a justice of the peace. In one case the defendant failed to appear, and was defaulted for want of an appearance. In the other the defendant appeared, but made no answer, and was defaulted for want thereof. In both cases the causes of action were founded upon a claim for damages because the defendant so constructed and operated its railroad as to divert the natural flow of water in tho vicinity of the property of plaintiffs, and turn the same upon or in front thereof. The justice…
1Opinion of the CourtRotiirock, J.
i. practice: fustfee mÍÍ? fault' I. The amounts in controversy, as shown ^7 the pleadings, do not exceed $100, and the trial judge has certified certain questions of law upon which,'it is said, it is desirable to have the *329opinion of this court. "We will dispose of them in their order. They are as follows:
“ 1st. In case of a default and judgment before a justice of the peace, and appeal by defendant to the Circuit Court, and no answer or other pleading there filed, or appearance for defendant, can the Circuit Court affirm the judgment of the justice of the peace, or must there be, in all cases…
2Cases cited4 opinions
- McFarland v. LowrySupreme Court of Iowa · 1875
- Butler v. HeebSupreme Court of Iowa · 1874
- May v. WilsonSupreme Court of Iowa · 1866
- Atkins v. M'CreadySupreme Court of Iowa · 1859
3Cited by1 opinion
- Edwards Loan Co. v. SkinnerSupreme Court of Iowa · 1905