Boyer v. Moore
Supreme Court of Iowa
Appeal from Van Buren Circuit Court. Tms action was brought on an account before a justice of the peace of Bonaparte township, Van Burén county, Iowa. The defendant resided in Lee county. He appeared and showed by an affidavit that he resided in Lee county, and moved for a change of venue to that county. The court overruled the motion, and the defendant then withdrew from the case and the plaintiff toot judgment.
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Appeal from Van Buren Circuit Court. Tms action was brought on an account before a justice of the peace of Bonaparte township, Van Burén county, Iowa. The defendant resided in Lee county. He appeared and showed by an affidavit that he resided in Lee county, and moved for a change of venue to that county. The court overruled the motion, and the defendant then withdrew from the case and the plaintiff toot judgment. Afterwards the defendant sued out a writ of error from the Circuit Court, assigning that the justice erred: 1. In taking jurisdiction of said action against a Iona fide resident…
1Opinion of the CourtAdams, J.
Under the Eevision, where suit was brought before a justice of the peace of one county against a citizen of another and the defendant appeared, it was held that the appearance conferred jurisdiction. Post v. Brownell, 36 Iowa, 497. Under the Code the justice of the peace lacks jurisdiction of the subject matter in such case. Sec. 3507. Appearance, therefore, of the defendant does not confer jurisdiction. The defendant’s motion to change the place of trial was misconceived, but he was not prejudiced thereby. The defendant’s motion in the Circuit Court to dismiss for want of jurisdiction of the…
2Cases cited1 opinion
- Post v. Brownell & Co.Supreme Court of Iowa · 1873
3Cited by9 opinions
- McMeans v. CameronSupreme Court of Iowa · 1878
- Heath v. HalfhillSupreme Court of Iowa · 1898
- Porter v. WelshSupreme Court of Iowa · 1902
- Ebersole & Son v. WareSupreme Court of Iowa · 1882
- Hamilton v. MillhouseSupreme Court of Iowa · 1877
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