Belding v. Torrence
Supreme Court of Iowa
Appeal from Marshall Circuit Court. ■ Action commenced before a justice of the peace, appealed by plaintiff to the Circuit Court, and there dismissed upon motion of defendant. Plaintiff appeals to this court. The Circuit Court, under Code § 3173, certified that the cause involves a question upon which it is desirable to have the opinion of the Supreme Court. The facts are fully set out in the opinion.
1Opinion of the CourtBeck, J.
The action was brought before a justice of the peace of Marshall county. Upon the day set for trial defendant made proper apjdieation and showing for a change of yenue, and the cause was sent to another justice. Upon the transcript and papers being filed with the justice to whom the cause was transferred,- the plaintiff amended his petition, and the defendant moved to dismiss the suit on the ground that he was an actual resident of Mahaska county. The motion was supported by the affidavit of defendant and two others, and was sustained, and the cause dismissed. Plaintiff appealed to the…
2Cases cited3 opinions
- Oleson v. HendricksonSupreme Court of Iowa · 1861
- Post v. Brownell & Co.Supreme Court of Iowa · 1873
- Leftwick v. ThorntonSupreme Court of Iowa · 1864
3Cited by7 opinions
- Anthes v. BooserSupreme Court of Iowa · 1900
- Finch v. HollingerSupreme Court of Iowa · 1877
- Lorber v. ConnorSupreme Court of Iowa · 1891
- A. A. Doolittle & Co. v. PorterSupreme Court of Iowa · 1910
- Davis v. RobinsonSupreme Court of Iowa · 1925
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