Sketchley v. Smith & Co.
Supreme Court of Iowa
Appeal from Harrison District Court. — Hon. 0. H. Lewis, Judge. Action on account, aided by attachment against the defendant as a non-resident of the state. Plaintiff filed his petition asking to recover on account for services rendered, and for attachment, on the ground that defendant was a non-resident of the state. The original notice is endorsed: “ I hereby accept service of the within notice. “M. E. Smith.”
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Appeal from Harrison District Court. — Hon. 0. H. Lewis, Judge. Action on account, aided by attachment against the defendant as a non-resident of the state. Plaintiff filed his petition asking to recover on account for services rendered, and for attachment, on the ground that defendant was a non-resident of the state. The original notice is endorsed: “ I hereby accept service of the within notice. “M. E. Smith.” Smith appeared, and moved for change .of place of trial to Pottawattamie county, upon the ground that he was a resident of that county ; which motion was overruled, and Smith…
1Opinion of the CourtGiven, C. J.
i. venue: action foreign firm: counfy^of partner. I. Appellant contends that this is a personal action against M. E. Smith, and, he being a resident of Pottawattamie county, the change of place of trial should have been granted upon either of the applications; citing sections 2586 and 2553 of the Code. The action is against M. E. Smith & Co., of Omaha, *544Nebraska, and not against any of the individuals composing that copartnership, No relief is asked against M. E. Smith individually. Langworthy v. Root, 10 Iowa, 260, cited, has no application. That was an action, aided by attachment, on the…
2Cases cited4 opinions
- Dalter v. GuyeSupreme Court of Iowa · 1862
- Wasson v. MillsapSupreme Court of Iowa · 1886
- Street v. BeckmanSupreme Court of Iowa · 1876
- Langworthy & Bro. v. RootSupreme Court of Iowa · 1859
3Cited by7 opinions
- State v. ReinhartOregon Supreme Court · 1895
- Brown v. WesterfieldNebraska Supreme Court · 1896
- Weaver v. StacySupreme Court of Iowa · 1895
- John Bollman Co. v. S. Bachman & Co.California Court of Appeal · 1911
- Anderson v. WilsonSupreme Court of Iowa · 1909
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