Klingel v. Palmer
Supreme Court of Iowa
Appeal from order of Gireuit Judge, Tenth Judicial District. Tiie plaintiff filed in the Circuit Court of Howard county k petition for an injunction, restraining the enforcement of a judgment, rendered by Ii. S. Bronson, a justice of the peace of Wakefield township, Fayette county, upon a note for $62.50, executed by plaintiff, payable to the Fayette Home Insurance Company or bearer, at Fayette, Fayette county.
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Appeal from order of Gireuit Judge, Tenth Judicial District. Tiie plaintiff filed in the Circuit Court of Howard county k petition for an injunction, restraining the enforcement of a judgment, rendered by Ii. S. Bronson, a justice of the peace of Wakefield township, Fayette county, upon a note for $62.50, executed by plaintiff, payable to the Fayette Home Insurance Company or bearer, at Fayette, Fayette county. At the time of the commencement of said action plaintiff was a resident of Howard county, and the original notice was served upon him at Cresco, in Howard county. A transcript of said…
1Opinion of the CourtDay, J.
Although the abstract does not show, yet the argument of appellant seems to concede, that Fayette, where the note was made payable, is in Westfield township, in which the judgment was rendered. The only question, therefore, presented for determination is the following: Upon a note stipulating for payment in the township where a justice of the peace resides, has he jurisdiction over the person of the maker, in an action upon the note, who resides, and is served out of the county in which the action is brought?
“ The jurisdiction of justices of the peace, when not specifically restricted, is…
2Cited by4 opinions
- Baker v. JamisonSupreme Court of Iowa · 1887
- Brown v. DavisSupreme Court of Iowa · 1882
- Schroeder v. District CourtSupreme Court of Iowa · 1931
- Raher v. RaherSupreme Court of Iowa · 1911