Davidson v. Wheeler
Supreme Court of Iowa
Error to Muscatine. This was an action of replevin brought by Henry Davidson against Otis M. Wheeler in the District Court of Dubuque for two boxes of dry goods, and two boxes of boots and shoes. At the September term 1839, by consent of the parties the venue was changed to Muscatine county, Judge Wilson then presiding having been counsel for the plaintiff.
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Error to Muscatine. This was an action of replevin brought by Henry Davidson against Otis M. Wheeler in the District Court of Dubuque for two boxes of dry goods, and two boxes of boots and shoes. At the September term 1839, by consent of the parties the venue was changed to Muscatine county, Judge Wilson then presiding having been counsel for the plaintiff. At the June term of the District Court ol Muscatine, 1841, the cause was tried before the Hon. Joseph Williams, and a jury. The jury found the property to be in Hungerford & Livingston’s store, and that the value of the same was $1,071,41,…
1Opinion of the Court
Per Curiam,
Mason, Chief Justice.
We shall first notice the point made by the plaintiff in error, that the District Court of Musca-tine county had no jurisdiction of the cause. The action was commenced in Dubuque, and by consent of parties the venue was changed to Muscatine. It is contended that the only mode of legally changing the venue in any case, is to pursue the mode pointed out by the statute and that “consent cannot give jurisdiction.”
This last is a correct maxim of law, but its application has been mistaken in the present case. It applies to a case where the court has no jurisdiction…
2Cited by1 opinion
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