Hunt v. Bratt
Supreme Court of Iowa
Appeal from, Marshall District Court. Plaintiff declares upon the following instrument: “ I hereby order of J. L. Hunt the following bill of fruit-trees, etc., for which I promise .to pay J. L. Hunt or bearer seventy-two xVo dollars, on their delivery at Marshalltown during the spring of 1866.- “C. BBATT.
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Appeal from, Marshall District Court. Plaintiff declares upon the following instrument: “ I hereby order of J. L. Hunt the following bill of fruit-trees, etc., for which I promise .to pay J. L. Hunt or bearer seventy-two xVo dollars, on their delivery at Marshalltown during the spring of 1866.- “C. BBATT. “P. O. Marshalltown, Marshall Co., Iowa, Nov. 15, 1865.” Defendant, showing that he was at the time the suit was commenced, and still was, a resident of Tama county, and never had been of Marshall county, moved for a change of venue. The motion was .sustained. Plaintiff excepted, and appeals.
1Opinion of the CourtWright, J.
vmtoe: ' tract:“statute constmea. The petition alleges the delivery of the trees, that defendant received them, but failed and refused Pa7 for the same! That the action was properly brought in Marshall county, plaintyj? re]jes Upon section 2798 of the [Revision, which declares “ that when by its terms, a contract is to be performed in any particular place, action for a breach thereof may be brought in the county in which such place is situated.”
The court below did not err in the construction given to this statute. The rule is that, in personal actions, suits shall be^ brought in the county of…
2Cited by12 opinions
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- Bradley v. PalenSupreme Court of Iowa · 1889
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- Baldwin v. MungerSupreme Court of Iowa · 1925
- Joeckel v. JohnsonSupreme Court of Iowa · 1916
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