Legal Opinion

Brown v. Jefferson County

Supreme Court of Iowa

Decided June 10, 1864PublishedCited by 16 opinions

Appeal from Washington District Court. Plaintiff seeks to recover for injuries received by tbe falling of a bridge over which he was passing with a team, said bridge forming a part of the public road or highway leading from Birmingham, in Van Burén county, to Fair-field, in Jefferson county.

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Appeal from Washington District Court. Plaintiff seeks to recover for injuries received by tbe falling of a bridge over which he was passing with a team, said bridge forming a part of the public road or highway leading from Birmingham, in Van Burén county, to Fair-field, in Jefferson county. The injury was sustained in June, 1860. A demurrer was originally interposed to the petition, which, on appeal to this Court, was held to have been properly overruled. 13 Iowa, 181. After this the cause was removed by change of venue, on plaintiff’s motion, from Jefferson to Washington county; a trial had…

1Opinion of the Court

Wright, Ch. J.

I. The change of venue was ordered January 5th, 1863. The clerk of Jefferson certified the transcript, July 31st, and it was filed in the Washington District Court, August 6th, 1863. On the 5th of August, defendant filed in vacation, in the clerk’s office of Jefferson county, a motion to redoeket. the cause, and retain it for trial in the court where it was originally brought, for the reason that the fees of the clerk for making out the said transcript were not paid on or before the morning of the second day after the order changing the venue was made, nor were the same paid at…

2Cases cited3 opinions

  1. Davenport Gas Light & Coke Co. v. City of DavenportSupreme Court of Iowa · 1862
  2. Rusch v. City of DavenportSupreme Court of Iowa · 1858
  3. Cousins v. WestcottSupreme Court of Iowa · 1863

3Cited by16 opinions

  1. Soper v. Henry CountySupreme Court of Iowa · 1868
  2. Wheeler v. City of Fort DodgeSupreme Court of Iowa · 1906
  3. Sherman v. Western Stage Co.Supreme Court of Iowa · 1868
  4. Eastman v. Clackamas Co.United States Circuit Court · 1887
  5. Belair v. C. & N. W. R.Supreme Court of Iowa · 1876

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