City of Ottumwa v. Schaub
Supreme Court of Iowa
Appeal from Jefferson District Court. An information was filed before the mayor of Ottumwa accusing the defendant of obstructing light in the window of a beer saloon, in violation of the ordinances of the city. The defendant was arrested, and upon being arraigned filed his plea of not guilty, and filed his motion for a change of venue on the ground of the prejudice of the court.
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Appeal from Jefferson District Court. An information was filed before the mayor of Ottumwa accusing the defendant of obstructing light in the window of a beer saloon, in violation of the ordinances of the city. The defendant was arrested, and upon being arraigned filed his plea of not guilty, and filed his motion for a change of venue on the ground of the prejudice of the court. The defendant was tried, convicted, and sentenced to pay a fine of ten dollars and costs, and his license to sell beer, wine, and other malt and vinous liquors was declared forfeited and void, as provided in the…
1Opinion of the CourtDay, J.
i. practice: change of _ diction. — I. It was held by this court, in Fvneh, v. Marvin, 46 Iowa, 384, that upon proper application a change of venue should be granted from the court of a mayor to that of a justice of the peace. But upon the filing of a motion for a change of venue the mayor does not lose his jurisdiction over the cause. If the motion is overruled, the ruling is simply erroneous. The judgment subsequently rendered is'not void for want of jurisdiction. It follows that upon the appeal of this cause to the District Court that court acquired jurisdiction, and that the motion to…
2Cases cited2 opinions
- Hurber v. BaughSupreme Court of Iowa · 1876
- Finch v. MarvinSupreme Court of Iowa · 1877
3Cited by8 opinions
- Sprayberry v. City of AtlantaSupreme Court of Georgia · 1891
- Peters v. KoepkeIndiana Supreme Court · 1901
- Columbus City v. CutcompSupreme Court of Iowa · 1883
- Winfrey v. BentonSupreme Court of Oklahoma · 1910
- Barnhart & Brother v. DavisSupreme Court of Kansas · 1883
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