Sayles v. Deluhrey
Supreme Court of Iowa
Appeal from Fayette Circuit Court. This action was commenced before a justice of the peace for alleged forcible entry and detainer. "When the cause came on for hearing, the justice, becoming satisfied that- the action involved the title to real estate, and that he, therefore, had no jurisdiction to try the same, made an order transferring the cause to the circuit court.
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Appeal from Fayette Circuit Court. This action was commenced before a justice of the peace for alleged forcible entry and detainer. "When the cause came on for hearing, the justice, becoming satisfied that- the action involved the title to real estate, and that he, therefore, had no jurisdiction to try the same, made an order transferring the cause to the circuit court. The plaintiff, for the purpose of testing the correctness of this order, sued out a writ of error from the circuit court, to which, as we infer, the justice made due return. Before the cause came on for hearing upon the writ…
1Opinion of the CourtAdams, J.
The plaintiff contends that the district court has no jurisdiction to try á cause upon writ of error. Ho cites and relies upon section 162 of the Code, which provides that “the circuit court shall have * * * * exclusive jurisdiction in all appeals and writs of error from inferior courts.” He cites and relies, also, upon Keniston v. Hewitt, 48 Iowa, 679; Groves v. Richmond, 53 Id., 570; St. Joseph Manufacturing Co. v. Harrington, Id., 380; McMeans v. Cameron, 51 Id., 691.
The defendants do not claim, and could not, we think, properly, that the district court has jurisdiction, but they insist…
2Cases cited1 opinion
- Keniston v. HewittSupreme Court of Iowa · 1878