Legal Opinion

Russell v. District Court

Supreme Court of Iowa

Decided June 22, 1923Published

1Opinion of the CourtEvans, J.

The action by Yawter in the district court was upon a written contract payable in Linn County. The petitioner is and was a resident of Dallas County, Iowa. Pursuant to Subsection 6 of Section 3505, Code Supplement, 1913, the petitioner filed an answer in the Yawter suit, purporting to allege fraud in the inception of the contract, constituting a complete defense thereto. Predicated upon such answer, and upon the fact of his residence in Dallas County, he presented his application for a change of venue to that county. The resistance to such application was predicated, in substance, upon the…

2Cases cited3 opinions

  1. State ex rel. Erdahl v. District CourtSupreme Court of Iowa · 1920
  2. Bilbo v. District Court of Ringgold CountySupreme Court of Iowa · 1921
  3. First National Bank v. District Court of Hardin CountySupreme Court of Iowa · 1922

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