Davis v. Kimball
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. G-eobge Causón, Judge. This is an action at law, and was brought in the district court at Avoca, in Pottawattamie county. The petition contains five counts, three of which were upon promissory notes made payable, at Avoca, to the order of J. W. Davis, and by him transferred to the plaintiff. The other two counts were for the wrongful conversion of certain property and money of the plaintiff by the defendants.
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Appeal from Pottawattamie District Court. — Hon. G-eobge Causón, Judge. This is an action at law, and was brought in the district court at Avoca, in Pottawattamie county. The petition contains five counts, three of which were upon promissory notes made payable, at Avoca, to the order of J. W. Davis, and by him transferred to the plaintiff. The other two counts were for the wrongful conversion of certain property and money of the plaintiff by the defendants. The defendants, who reside in the city of Council Bluffs, appeared and made an application for a change of the place of trial of the…
1Opinion of the CourtRothrock, J.
The defendants did not demand that the venue of the whole suit or action be changed. They could not rightfully do this, because the court at Avoca had jurisdiction of the action so far as it related to the promissory notes payable at Avoca. They demanded that the petition should be divided, and part of the claims should be tried at one place and part at another. This they had no right to require. They were rightfully in court at Avoca on that part of the suit which was brought upon the promissory notes. If they did not desire to try the other counts of the petition, then they should have…
2Cited by4 opinions
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- State Ex Rel. Havner v. Associated Packing Co.Supreme Court of Iowa · 1933
- Bruce v. State Serum & Supply Co.Supreme Court of Iowa · 1920