Wilgus v. Gettings
Supreme Court of Iowa
Appeal from Marshall District Court. This suit was originally commenced before a justice of the peace, where, on a jury trial, the plaintiffs recovered judgment for six dollars. This trial appears by the justice’s transcript to-have been commenced on the 29th day of December, 1863, and there is nothing to show that it was not concluded on that day.. The verdict and judgment, as stated in the transcript, follows the impanneling of the jury without other date being given.
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Appeal from Marshall District Court. This suit was originally commenced before a justice of the peace, where, on a jury trial, the plaintiffs recovered judgment for six dollars. This trial appears by the justice’s transcript to-have been commenced on the 29th day of December, 1863, and there is nothing to show that it was not concluded on that day.. The verdict and judgment, as stated in the transcript, follows the impanneling of the jury without other date being given. The defendants gave notice of appeal on the day and at the close of the trial, the giving of which notice was entered in the…
1Opinion of the CourtCole, J.
juriStai: waiver, There was no error in the action of the District Court. The appearance of the appellees (plaintiffs) “ ^e District Court and voluntarily submitting themselves to its jurisdiction and obtaining a continuance of the cause was a waiver of any defect or irregularity in the statutory means of requiring such appearance or obtaining jurisdiction of their persons.
The District Court had jurisdiction of the subject matters of the suit, and could acquire and exercise such-*84jurisdiction upon appeal, and a mere irregularity in taking such appeal, or in giving notice thereof, could not,…
2Cases cited1 opinion
- Des Moines Branch of the State Branch v. VanSupreme Court of Iowa · 1861
3Cited by2 opinions
- Holden v. HaserodtSouth Dakota Supreme Court · 1891
- Farmers' Mutual Telephone Co. v. HowellSupreme Court of Iowa · 1906