Hamilton v. Millhouse
Supreme Court of Iowa
Appeal from Washington Circuit Court. This is an action of replevin, commenced before a justice of the peace. Judgment was entered for the plaintiff. Defendant appealed to the Circuit Court.
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Appeal from Washington Circuit Court. This is an action of replevin, commenced before a justice of the peace. Judgment was entered for the plaintiff. Defendant appealed to the Circuit Court. In that court the cause was submitted upon an agreed statement as follows: “1. Defendant commenced suit before a justice of the peace in Lafayette township, Keokuk county, Iowa, on an account against W. S. Hamilton, this plaintiff; the plaintiff, Hamilton, was, at the time of the commencement of the suit, a resident of Washington county, Iowa. Service of the original notice was made on said W. S. Hamilton…
1Opinion of the Court
Day, Ch. J.
i. juBisDTco£°the peace! The only question presented is, whether the judgment of the Keokuk county justice of the peace is void for want of jurisdiction. Section 3507 of the Code provides that jurisdiction of justices of the peace does not embrace suits for the recovery of money against actual residents of any other county. The agreed statement upon which the cause was submitted shows that the plaintiff in this action at the time of the rendition of the judgment against him was an actual resident of Washington county, whilst the judgment against him was rendered in Keokuk county.
App…
2Cases cited1 opinion
- Boyer v. MooreSupreme Court of Iowa · 1876
3Cited by5 opinions
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