Swan v. Smith
Supreme Court of Iowa
Appeal from, Washington District Court. The petition claims, that defendant sold to plaintiff a certain lot of sheep, representing that they were sound and healthy, and averring that they were diseased; wherefore, etc. Defendants pleaded that the court ought not to have or maintain jurisdiction, because they were at, etc., residents of the State of Ohio, and not of this State. To this plea there was a demurrer, which* was sustained.
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Appeal from, Washington District Court. The petition claims, that defendant sold to plaintiff a certain lot of sheep, representing that they were sound and healthy, and averring that they were diseased; wherefore, etc. Defendants pleaded that the court ought not to have or maintain jurisdiction, because they were at, etc., residents of the State of Ohio, and not of this State. To this plea there was a demurrer, which* was sustained. Plaintiffs procured an attachment, and defendants sought to recover,, in a cross action, damages for the wrongful suing out of said writ. To this part of the…
1Opinion of the CourtWright, J.
1. Jurisdiction: venue: non-resident. — Several questions were raised in the court below, but the defendants, by their exceptions, saved but two of them. It is true, they ex- «... cepted to the overruling oi their motion to dismiss for want of jurisdiction, but as no such motion is found in the record, the most favorable view to them is, that such ruling relates to the action of the court in sustaining the demurrer to their plea on this subject. Turning, then, to the two questions, we hold, first, that the fact that a party is a resident of another State is not of itself sufficient to defeat…
2Cases cited1 opinion
- Lord v. GaddisSupreme Court of Iowa · 1858
3Cited by1 opinion
- State ex rel. Mackey v. District CourtMontana Supreme Court · 1910