Hynds v. Fay Bros. & Co.
Supreme Court of Iowa
Appeal from the Superior Court of Cedar Rapids. , This action was brought before a justice of the peace to recover tbe possession of personal property alleged to be worth $19 dollars, and to recover $94 damages for the wrongful detention of the same. The justice issued a notice in the usual form, and the defendants filed a demurrer upon the ground that the justice had no jurisdiction.
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Appeal from the Superior Court of Cedar Rapids. , This action was brought before a justice of the peace to recover tbe possession of personal property alleged to be worth $19 dollars, and to recover $94 damages for the wrongful detention of the same. The justice issued a notice in the usual form, and the defendants filed a demurrer upon the ground that the justice had no jurisdiction. Before the time set for trial the plaintiff filed a petition, claiming the possession of the property, and $75 as damages. The justice, however, sustained the demurrer, and dismissed the case. On writ of error,…
1Opinion of the Court
Adams, Oh. J.
-The case comes to us upon a certificate. In it the court sets out, in substance, the facts above stated, and the question is whether, under the circumstances, the plea to the jurisdiction of the justice was properly sustained. In answering the question, we have to say that we think it was. "Where the notice, as in this case, shows that the claim is for more than $100, and that the justice has no jurisdiction of the subject-matter, the defendant might properly disregard it. Nothing could be done by the plaintiff after-*434wards, in that action, by which the justice could, acquire…
2Cited by7 opinions
- Schrader v. HooverSupreme Court of Iowa · 1893
- Bishop v. International Sugar Feed Co.Indiana Court of Appeals · 1928
- A. Wedgewood & Co. v. ParrSupreme Court of Iowa · 1900
- In Re Estate of SweetSupreme Court of Iowa · 1938
- Lynch v. MerrillWest Virginia Supreme Court · 1913
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