Woodring v. Rooney
Supreme Court of Iowa
Appeal from Cedar Eapids Superior Court. — Hoa. James H. Rothrock, Judge. ActioN upon an open account. The defendant Blotz defaulted. The defendant Rooney appeared, and, before pleading, filed a motion, supported by affidavit, setting forth that he was a nonresident of Linn county, in which county the city of Cedar Rapids is situated, and asking to have the place of trial changed to the district court of Linn county.
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Appeal from Cedar Eapids Superior Court. — Hoa. James H. Rothrock, Judge. ActioN upon an open account. The defendant Blotz defaulted. The defendant Rooney appeared, and, before pleading, filed a motion, supported by affidavit, setting forth that he was a nonresident of Linn county, in which county the city of Cedar Rapids is situated, and asking to have the place of trial changed to the district court of Linn county. This motion was overruled, and thereupon the defendant answered, and there was a trial upon the merits, resulting in a judgment in favor of plaintiffs. The defendant Rooney…
1Opinion of the Court
Bishop, O. J.
'The error assigned has relation only to the ruling of the court below upon the application of defendant for change in place of trial to the district court. We think there was error in overruling such application. As the law formerly stood, a change of venue in civil actions could be taken from a superior court for such causes and with such effect only as obtained in changes of venue taken in actions pending in the district court. But this was changed by chapter 10, Acts Twenty-Eighth General Assembly; and there was added to the statute the further provision “that in all civil…
2Cited by4 opinions
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- Donisthorpe v. LutzSupreme Court of Iowa · 1912