Post v. Brownell & Co.
Supreme Court of Iowa
Appeal from Ma/rion Circuit Cov/rt. On the 27th of July, 1871, an original notice of an action of plaintiff against defendants was issued by E. Shaw, a justice of the peace of Marion county, returnable August 4, 1871, at 10 o’clock, A. M. This notice was served on "W. A. Brownell, in Lake Prairie township, Marion county, on the day that it was issued. On the day set for trial plaintiff filed a petition against Brownell Brothers.
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Appeal from Ma/rion Circuit Cov/rt. On the 27th of July, 1871, an original notice of an action of plaintiff against defendants was issued by E. Shaw, a justice of the peace of Marion county, returnable August 4, 1871, at 10 o’clock, A. M. This notice was served on "W. A. Brownell, in Lake Prairie township, Marion county, on the day that it was issued. On the day set for trial plaintiff filed a petition against Brownell Brothers. The defendants not appearing, judgment was rendered against them for $40 and costs. On the 8th of August the defendants made a motion to set aside the default, which…
1Opinion of the CourtDay, J.
— The defendants demanded a change of venue to Lee county, under the provisions of section 2802 of the Revision. This section relates to proceedings in the district court, and is not applicable to an action pending before a justice of the peace.
Eor this reason, if for none other, the justice did not err in overruling the motion.
Jurisdiction over the person of a defendant may be acquired by a voluntary appearance.
An objection to the jurisdiction over the person must be raised in limine. In the district court an appearance, even for the purposé of objecting to the sufficiency of the service of…
2Cited by6 opinions
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- Anderson & Son v. HjerrildSouth Dakota Supreme Court · 1915
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