Auspach v. Ferguson
Supreme Court of Iowa
Appeal from Ida Circuit Court. This action was brought before a justice of the peace, and a recovery had. The defendant appealed, and on his motion the circuit court dismissed the case on the ground that no jurisdiction had been acquired. From this order .the plaintiff appeals.
1Opinion of the Court
Adams, Ch. J.
1. Appearance: what constitutes: agreement for continuance'. This case, involving less than $100, comes to us upon a certificate. The first question certified is in these words: “As shown by the record's, the par-J 7 1 ^es ^ve<^ ^11 -^a coanty, Iowa, but in townships adjoining the township in which the suit was commenced; and the notice was served personally in the township of the defendant’s-residence. . The defendant appeared upon the return-day, and, without filing any plea, agreed with the plaintiff to a continuance of the cause to a subsequent day, and the cause was…
2Cited by8 opinions
- Thompson v. JacksonSupreme Court of Iowa · 1895
- Mueller v. HeidemeyerCourt of Appeals of Texas · 1908
- Honeycutt v. NyquistWyoming Supreme Court · 1903
- William Deering & Co. v. VenneNorth Dakota Supreme Court · 1898
- Texas & Pacific Railway Co. v. McCartyCourt of Appeals of Texas · 1902
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