Legal Opinion

Schrader v. Hoover

Supreme Court of Iowa

Decided February 4, 1893PublishedCited by 9 opinions

Appeal from Superior Court of Council Bluffs. — J. E. F. McG-ee, Judge. Agtioh on account to recover one hundred dollars for medical services. Answer denying generally. Trial and verdict and judgment for- the defendant, from which, the plaintiff appealed. Upon the appeal the case was reversed and remanded. See 80 Iowa, 245. After procedendo was filed, the defendant withdrew her answer, and filed a motion to dismiss, for the reason that the court had no jurisdiction.

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Appeal from Superior Court of Council Bluffs. — J. E. F. McG-ee, Judge. Agtioh on account to recover one hundred dollars for medical services. Answer denying generally. Trial and verdict and judgment for- the defendant, from which, the plaintiff appealed. Upon the appeal the case was reversed and remanded. See 80 Iowa, 245. After procedendo was filed, the defendant withdrew her answer, and filed a motion to dismiss, for the reason that the court had no jurisdiction. This motion being overruled, the defendant refiled her answer, and an amendment alleging want of jurisdiction, and offering to…

1Opinion of the CourtGIiveN, J.

1. Jurisdiction waiver. — I. We first consider the question of jurisdiction. The grounds of the defendant’s motion and answer to the jurisdiction is that the superior court had no jurisdiction of the defendant or of the subject-matter. It is alleged, as reason why that court had no jurisdiction of the defendant, that she resided east of the west line of range 40, in that part of Pottawattamie county within the jurisdiction of the district court held at Avoca. No reason is alleged, nor is it claimed, that the superior court did not have jurisdiction in actions on account for one hundred…

2Cases cited10 opinions

  1. Dicks v. HatchSupreme Court of Iowa · 1860
  2. McMeans v. CameronSupreme Court of Iowa · 1878
  3. Cerro Gordo County v. Wright CountySupreme Court of Iowa · 1882
  4. Danforth v. ThompsonSupreme Court of Iowa · 1872
  5. Groves v. RichmondSupreme Court of Iowa · 1881

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3Cited by9 opinions

  1. Fulmele v. ForrestSuperior Court of Delaware · 1913
  2. Maly v. LamertonSupreme Court of Oklahoma · 1925
  3. Earley v. JohnsonSupreme Court of Oklahoma · 1916
  4. York v. State Ex Rel. JonesSupreme Court of Florida · 1940
  5. Vanek v. Chicago Great Western R.District Court, N.D. Iowa · 1918

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