City of Cedar Rapids v. Rall
Supreme Court of Iowa
Appeal from Linn District Court. — ITon. W. N. Treioiiler, Judge. The defendant, who ip a justice of the peace, having entered a judgment upon his docket against the plaintiff herein in favor of the Hawkeye Loan & Brokerage. Company, plaintiff sued out a writ of certiorari for the removal of such cause to the district court, alleging that the justice acted without jurisdiction. Petition dismissed and writ discharged, and the plaintiff appeals.
1Opinion of the CourtWeaver, J.
I. The return of the writ is uncontroverted, and discloses the following state of facts: On the.*336twenty-seventh, of July, 1900, the Ilawkeye Loan & Brokerage Company began an action in the court of said justice of the peace to recover upon a money demand against the city of Cedar Rapids. Original notice of such action, returnable August 4, 1899, was duly served' upon the city. At the appointed time both parties appeared by counsel, and by agreement a continuance was had to August 18, 1S99, on which date both parties again appeared; and by mutual consent a further continuance was had to a date…
2Cases cited2 opinions
- Iowa Union Telephone Co. v. BoylanSupreme Court of Iowa · 1892
- Rowley & Co. v. BaughSupreme Court of Iowa · 1871
3Cited by4 opinions
- Schiele v. ThedeSupreme Court of Iowa · 1905
- Gilman v. WeiserSupreme Court of Iowa · 1908
- Moir v. BourkeSupreme Court of Iowa · 1912
- Wescott v. BriereSupreme Court of Vermont · 1941