Park v. Ratcliffe
Supreme Court of Iowa
Appeal from Van Btwen Circuit Court. This is an appeal from the judgment of the Circuit Court affirming a judgment or order of a justice of the peace setting aside a judgment by default. The case was brought before the Circuit Court upon writ of error. Upon a proper certificate of the judge of the Circuit Court, the plaintiff appeals to this court. The facts appear in the opinion.
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Appeal from Van Btwen Circuit Court. This is an appeal from the judgment of the Circuit Court affirming a judgment or order of a justice of the peace setting aside a judgment by default. The case was brought before the Circuit Court upon writ of error. Upon a proper certificate of the judge of the Circuit Court, the plaintiff appeals to this court. The facts appear in the opinion. An appearance in court for any purpose except to question its jurisdiction, although made before time for answer, is nevertheless a full appearance. (Clark v. Blackwell, 4 G. Greene, 441; Levi v. Monroe, 11 Iowa,…
1Opinion of the Court
Miller, Ch. J.
On the 13th day of February, 1874, the plaintiff commenced an action against the defendant, before *44A. S. Camblin, Esq., a justice of the peace, to recover for stone taken by defendant from plaintiff’s premises.
On the 20th day of the same month, being the day prior to the return day of the notice, defendant, by his attorneys, appeared and made application for a change of venue on the ground of prejudice on part of the justice, and stating that the like objection applied also to Justice Walker, who was the next nearest justice in the same township. On the 21st (next day), the…
2Cases cited2 opinions
- McFarland v. LowrySupreme Court of Iowa · 1875
- Stivers v. ThompsonSupreme Court of Iowa · 1863