Legal Opinion

Baker & Griffin v. The Steamboat Milwaukee

Supreme Court of Iowa

Decided December 5, 1862PublishedCited by 9 opinions

Appeal from Dubuque City Court. This action, was commenced in the Dubuque City Court to recover the value of a reaping machine, which, it is claimed, the defendant failed to deliver, under a contract of affreightment to carry a lot of reaping machines from Dunleith, Illinois, to McGregor, Iowa. The freight was paid at Dunleith in full for the whole lot; but the defendant, it is claimed, failed to deliver the machine in controversy to. the consignee at McGregor.

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Appeal from Dubuque City Court. This action, was commenced in the Dubuque City Court to recover the value of a reaping machine, which, it is claimed, the defendant failed to deliver, under a contract of affreightment to carry a lot of reaping machines from Dunleith, Illinois, to McGregor, Iowa. The freight was paid at Dunleith in full for the whole lot; but the defendant, it is claimed, failed to deliver the machine in controversy to. the consignee at McGregor. The defendant, after appearing specially and pleading to the jurisdiction of the court, and to its jurisdiction over the defendant,…

1Opinion of the CourtBaldwin, C. J.

I. Bid the court err in overruling the defendant’s plea to its jurisdiction ? Under the first assignment of error the counsél of appellant discuss the validity of the act of the Legislature, approved February 10, 1858 (see Laws of 1858, page 20), repealing the act of 1857, *217which established the City Court in the city of Dubuque. We regard the invalidity of this act as settled by this court in the cases of ex parte Fritz, 9 Iowa, 30, and Davis & Bro. v. Woolnough, Id., 104.

It is next insisted that in pursuance of the Constitution the Revision of 1860 has repealed the act of 1857, and abolished…

2Cases cited4 opinions

  1. Ex parte PritzSupreme Court of Iowa · 1859
  2. Casey v. HarnedSupreme Court of Iowa · 1857
  3. Hetherington v. BissellSupreme Court of Iowa · 1859
  4. Suttle v. BatieSupreme Court of Iowa · 1855

3Cited by9 opinions

  1. State v. SquiresSupreme Court of Iowa · 1868
  2. State Ex Rel. Welsh v. DarlingSupreme Court of Iowa · 1933
  3. State v. JenkinsSupreme Court of Kansas · 1884
  4. State v. VanVlietSupreme Court of Iowa · 1894
  5. State v. HigginsSupreme Court of Iowa · 1903

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