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
ON REHEARING.
A rehearing is asked because all the points made by counsel for the appellant have not been determined in the foregoing opinion, and that a consideration thereof will demonstrate that we have reached an incorrect conclusion. It was believed, when it was determined that the justice had no jurisdiction of the subject-matter of the action, that it necessarily followed the Circuit Court obtained none by the appeal. This is said to be unsound because the statute provides that “an appeal brings up a cause for trial on the merits, and for no other purpose. All errors, irregularities and…
2Cases cited6 opinions
- Dicks v. HatchSupreme Court of Iowa · 1860
- Smiths v. Dubuque CountySupreme Court of Iowa · 1855
- Walters v. The Steamboat Mollie DozierSupreme Court of Iowa · 1868
- Walker v. KynettSupreme Court of Iowa · 1871
- Galley v. County of TamaSupreme Court of Iowa · 1874
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