Legal Opinion

Schuchart v. Lammey

Supreme Court of Iowa

Decided December 6, 1883PublishedCited by 1 opinion

Appeal from Dallas District Court. ActioN commenced before a justice of the peace to recover the possession of specific personal property consisting of wine and beer, and certain begs containing the same. The defendant, among other things, pleaded that he was marshal of the incorporated town of Perry, and that he had seized the property in controversy under legal process issued under and in pursuance of an ordinance of said town and the statutes of the state.

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Appeal from Dallas District Court. ActioN commenced before a justice of the peace to recover the possession of specific personal property consisting of wine and beer, and certain begs containing the same. The defendant, among other things, pleaded that he was marshal of the incorporated town of Perry, and that he had seized the property in controversy under legal process issued under and in pursuance of an ordinance of said town and the statutes of the state. There was a trial before the justice, and judgment for plaintiff. Thereupon the defendant appealed to the circuit court, where the…

1Opinion of the CourtSeevers, J.

Among the questions certified for our consideration is one in substance as follows: Has the district court jurisdiction to try and determine a replevin cause under the circumstances above stated? This is the only question we feel called on to determine.

The circuit court has “exclusive jurisdiction in all appeals and writs of error from inferior courts, tribunals or officers.” Code, § 162. A change in the place of trial in a civil action *199may be bad when certain specified grounds therefor' exist. Code, § 2590. “ Whenever the change shall be granted on account of the prejudice or disability of…

2Cases cited2 opinions

  1. Cerro Gordo County v. Wright CountySupreme Court of Iowa · 1882
  2. McKinney v. WoodSupreme Court of Iowa · 1872

3Cited by1 opinion

  1. Browne v. HickieSupreme Court of Iowa · 1886

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