Hall v. Royce
Supreme Court of Iowa
Appeal from Buller Circuit Court. This actio’n was commenced in the Circuit Court of Floyd county, at the September term, 1879, and notice was served on tbe defendant in Butler county. At tbe September term tbe defendant appeared and made application for change of tbe place of trial to Butler county, on tbe ground that tbe defendant was a resident of that county, and also for an order for compensation for being compelled to attend to tbe suit in tbe wrong county.
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Appeal from Buller Circuit Court. This actio’n was commenced in the Circuit Court of Floyd county, at the September term, 1879, and notice was served on tbe defendant in Butler county. At tbe September term tbe defendant appeared and made application for change of tbe place of trial to Butler county, on tbe ground that tbe defendant was a resident of that county, and also for an order for compensation for being compelled to attend to tbe suit in tbe wrong county. Tbe application was sustained, andan order was made transferring tbe cause as prayed, and awarding to tbe defendant twenty-five…
1Opinion of the CourtRothkook, J.
i. mACTiaB: ii?wronrgUSh1i court * fer oil The order for a change of the place of trial was made under section ,2589 of the Code, which provides that “if the sum so awarded (the amount allowed the defendant for attending at the wrong county) ^ ^ ^ j and costs are not paid to the clerk at a time to be fixed by the court, or if the papers in such case are not filed by the plaintiff in the court to which the change is ordered ten days before the first day of the next term thereof, or, if ten days do not intervene between the making of said order and the first day of the next term of said court,…
2Cases cited2 opinions
- Cibula v. Pitt's Sons' Manufacturing Co.Supreme Court of Iowa · 1878
- Hall v. RoyceSupreme Court of Iowa · 1880
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- State Ex Rel. Havner v. Associated Packing Co.Supreme Court of Iowa · 1933
- Halse Ex Rel. Halse v. La Crescent Grain Co.Supreme Court of Iowa · 1941
- Chariton Finance Co. v. WennerstrumSupreme Court of Iowa · 1939
- Wederath v. BrantSupreme Court of Iowa · 1980