Bradley v. Fraser
Supreme Court of Iowa
Ajpjpeal from Clacton Gwouit Court. The plaintiff commenced a suit in attachment against Jacob Bach, before a justice of the peace in Clayton county, and Bach was personally served with notice in said county. On the return day, judgment by default was rendered against Bach for $50.80, and costs. The attachment was served by the garnishment of D. I). Fraser, on whose answer judgment was rendered against him as garnishee for $50.80 and costs, and costs of garnishment.
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Ajpjpeal from Clacton Gwouit Court. The plaintiff commenced a suit in attachment against Jacob Bach, before a justice of the peace in Clayton county, and Bach was personally served with notice in said county. On the return day, judgment by default was rendered against Bach for $50.80, and costs. The attachment was served by the garnishment of D. I). Fraser, on whose answer judgment was rendered against him as garnishee for $50.80 and costs, and costs of garnishment. The garnishee appealed to the Circuit Court. The appeal was tried to the court and the facts were found as follows: “ June 1st,…
1Opinion of the CourtDay, J.
i. justice of jurisStatioii: rssiclGncG of defendant. Section 3507 of the Code provides: “The jurisdiction of justices of the peace, when not specially restricted, is co-extensive with their respective counties, but' does not embrace suits for the recovery of money against actual residents of any other county.” * % * * _ On the 1st day of June, 1878, Bach was a resident of Buchanan county. Did he, because of the existence of the facts found by the court, cease to be an actual resident of that county? lie went to Clayton county, with his family, to build a.school-house under a contract,…
2Cases cited3 opinions
- Hinds v. HindsSupreme Court of Iowa · 1855
- Vanderpœl v. O'HanlonSupreme Court of Iowa · 1880
- Church v. CrossmanSupreme Court of Iowa · 1878
3Cited by9 opinions
- Fitzgerald v. ArelSupreme Court of Iowa · 1884
- Fitzgerald v. GrimmellSupreme Court of Iowa · 1884
- Kollman v. McGregorSupreme Court of Iowa · 1949
- Honeycutt v. NyquistWyoming Supreme Court · 1903
- Ruth & Clark, Inc. v. EmerySupreme Court of Iowa · 1943
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