J. W. Edgerly & Co. v. Stewart & Hunter
Supreme Court of Iowa
Appeal from Cerro Gordo District Court. — Hon. J. C. Sherwin, Judge. February 9,1891; the plaintiffs brought this action against Stewart & Hunter, doing business in Cerro Gordo county, and C. M. C. Stewart, a resident of said county, and F. M. Hunter, a resident of Pottawattamie county, as members of said firm, on account for. goods sold and delivered to the firm since June 11, 1890. No appearance or defense was made to the plaintiff’s action, and on March 9, 1891, the first…
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Appeal from Cerro Gordo District Court. — Hon. J. C. Sherwin, Judge. February 9,1891; the plaintiffs brought this action against Stewart & Hunter, doing business in Cerro Gordo county, and C. M. C. Stewart, a resident of said county, and F. M. Hunter, a resident of Pottawattamie county, as members of said firm, on account for. goods sold and delivered to the firm since June 11, 1890. No appearance or defense was made to the plaintiff’s action, and on March 9, 1891, the first day of the term after suit was brought, a stipulation as follows was filed: “Come now the plaintiffs, and having…
1Opinion of the CourtGiven, J.
I. This court has held that an appeal cannot be taken from an order granting a change of *89venue. Allerton v. Eldridge, 56 Iowa, 710; Groves v. Richmond, 58 Iowa, 54. In the latter case it is said: “Asan appeal in such case is unauthorized, this court acquires no jurisdiction, and the cause remains in the court below.” It will be observed that the judgment dismissing the appellant’s cross petition and action was after he had in open court “elected to stand on his exceptions, and declined to file said papers in the said district court of Pottawattamie county.” The exceptions upon which he…
2Cases cited1 opinion
- Groves v. RichmondSupreme Court of Iowa · 1882
3Cited by5 opinions
- Atchison, Topeka & Santa Fe Railway Co. v. MershonSupreme Court of Iowa · 1917
- Smith v. MorrisonSupreme Court of Iowa · 1927
- Uttecht v. AhrensSupreme Court of Iowa · 1981
- In Re Estate of MannSupreme Court of Iowa · 1930
- Gervich v. Cedar Rapids Hide & Fur Co.Supreme Court of Iowa · 1939