Browne v. Hickie
Supreme Court of Iowa
Appeal from Lee District Court. The parties entered into a written contract by wbicb plaintiff leased to defendant a building in tbe city of Keokuk, for the term of one year., beginning on the first day of October, 1882, at the monthly rental of $35, payable in advance on the first day of each month. On the second day of May, 1883, plaintiff brought suit in justice’s court for the rent for that month.
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Appeal from Lee District Court. The parties entered into a written contract by wbicb plaintiff leased to defendant a building in tbe city of Keokuk, for the term of one year., beginning on the first day of October, 1882, at the monthly rental of $35, payable in advance on the first day of each month. On the second day of May, 1883, plaintiff brought suit in justice’s court for the rent for that month. Defendant answered, alleging that the lease was canceled by the agreement of the parties before the first day of May, and that he was therefore not liable for rent for that month. This issue was…
1Opinion of the CourtReed, J.
i change of peíüfromjiisinaiaotiorfin" oonwiuiatea: ciistrict court* I. Plaintiff excepted to the order changing the venue to the district court; and he now contends that the or<^er was erroneous, for the reason that the cir-cu^ °01irt has exclusive jurisdiction of appeals from justice’s court in civil actions. If the appeal case had been permitted to stand as a separate action, the district court could not have acquired *332jurisdiction of it. Schuchart v. Lammey, 62 Iowa, 197; Code, § 162. We are of the opinion, however, that when the two .causes were consolidated a new action was formed,…
2Cases cited2 opinions
- Watson v. ChesireSupreme Court of Iowa · 1865
- Schuchart v. LammeySupreme Court of Iowa · 1883
3Cited by21 opinions
- City National Bank of Columbus v. JordanSupreme Court of Iowa · 1908
- Larimer v. PlatteSupreme Court of Iowa · 1952
- Lemke v. MuellerSupreme Court of Iowa · 1969
- Packer v. RobertsIllinois Supreme Court · 1891
- Sullivan ex rel. Orton v. KenneySupreme Court of Iowa · 1910
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