Legal Opinion

Ardery v. Chicago, Burlington & Quincy R'y Co.

Supreme Court of Iowa

Decided April 21, 1885PublishedCited by 6 opinions

Appeal from Marion Circuit Court. This is an action to recover a judgment against defendant for the alleged careless and negligent killing of a horse at a highway crossing by one of defendant’s trains. There was a trial by jury; verdict and judgment for plaintiff. Defendant appeals.

1Opinion of the CourtRothrock, J.

1. VENUE : fuitfee gom Fiwlfcireuitse what court taken. I. The action was originally commenced before a justice of the peace, where a trial was had and judgment was rendered for the plaintiff, from which the defendant appealed to the circuit court. At the November term, 1883, the cause was tried to a jury in the circuit court, and a verdict was returned for the plaintiff, which was set aside on application of defendant. In March, 1884, the defendant made an application to change the place of trial of the cause from said circuit court on the ground of the prejudice of the judge thereof. Said…

2Cases cited2 opinions

  1. Hays v. Chicago, Burlington & Quincy R'y Co.Supreme Court of Iowa · 1884
  2. Hakes v. DottSupreme Court of Iowa · 1880

3Cited by6 opinions

  1. Sylvester v. Incorporated Town of CaseySupreme Court of Iowa · 1900
  2. Bridal Publications, Inc. v. RichardsonSupreme Court of Iowa · 1975
  3. Yost v. GaddSupreme Court of Iowa · 1939
  4. Liberty Loan Corporation of Dubuque v. FassbinderSupreme Court of Iowa · 1970
  5. Lawrence v. BrownSupreme Court of Iowa · 1894

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