Finch v. Marvin
Supreme Court of Iowa
'.ppeal from Delaware Circuit Court. Action to recover of defendant four dollars and forty cents for filling a hole in a sidewalk, which it is alleged that defendant was under obligation to fill. The action was brought before oné S. L. Doggett, as mayor. An application was made for a change of venue on the ground of prejudice. The motion was overruled on the ground that a change of venue is not allowable from a mayor’s court, to which ruling the defendant excepted.
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'.ppeal from Delaware Circuit Court. Action to recover of defendant four dollars and forty cents for filling a hole in a sidewalk, which it is alleged that defendant was under obligation to fill. The action was brought before oné S. L. Doggett, as mayor. An application was made for a change of venue on the ground of prejudice. The motion was overruled on the ground that a change of venue is not allowable from a mayor’s court, to which ruling the defendant excepted. Judgment having been rendered for the plaintiff the case was removed to the Circuit Court upon a writ of error. On hearing, the…
1Opinion of the CourtAdams, J.
i. vbnde: mayo? °£' The case presents this question: Does a change
of venue lie from a mayor’s court? We have first to consider whether any other court could have taken jurisdiction. It was held in Jaquith v. Royce, 42 Iowa, 406, that the jurisdiction conferred upon the mayor in cases of the violation of a city ordinance is not exclusive, and we think it could not be so regarded in a. case like this. Indeed the counsel for the appellee, as we understand, do hot seriously contend that a. justice of the peace could not have taken jurisdiction if the action had been commenced in his court.
The…
2Cases cited1 opinion
- Jaquith v. RoyceSupreme Court of Iowa · 1876
3Cited by6 opinions
- Zelle v. McHenrySupreme Court of Iowa · 1879
- City of Ottumwa v. SchaubSupreme Court of Iowa · 1879
- In re JustusSupreme Court of Kansas · 1902
- Shearer v. SayreSupreme Court of Iowa · 1928
- State v. JamisonSupreme Court of Iowa · 1896
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