Stowers v. Milledge
Supreme Court of Iowa
Appeal from the Lee District Court. ON tbe 27tb day of January, 1854-, tbe plaintiff sued tbe defendants before a justice of tbe peace, claiming one hundred dollars, for injuries sustained by tbe acts of tbe defendants in assaulting and stabbing the plaintiff.
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Appeal from the Lee District Court. ON tbe 27tb day of January, 1854-, tbe plaintiff sued tbe defendants before a justice of tbe peace, claiming one hundred dollars, for injuries sustained by tbe acts of tbe defendants in assaulting and stabbing the plaintiff. A trial was bad, and tbe justice, as appears from tbe record, after stating tbe names of tbe parties, tbe amount claimed, tbe cause of action, and that the cause bad come before him by change of venue, makes tbe following entry: “ And agreeable with tbe order, tbe parties met by their counsel — Cochran, for tbe plaintiff, and J. R.…
1Opinion of the Court
"Weight, C. J.
Two questions are presented., First, was this a judgment from which an appeal could be taken to the District Court ? and second, could’ the defendants, after treating it as. such, and doing ail those things that showed that they regarded it as a valid judgment, object to it, and the jurisdiction they had sought thus to give? If either of these questions is decided against the defendants, this case must be affirmed..
The language, used by the justice is certainly not in the usual form,, or such as rigid and purely technical rules would require. We would not encourage, on the part…
2Cited by8 opinions
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- Humboldt Mill & Mining Co. v. TerryNevada Supreme Court · 1876
- Church v. CrossmanSupreme Court of Iowa · 1875
- In re Estate of DodgeSupreme Court of Iowa · 1922
- Lavalle v. BadglySupreme Court of Iowa · 1871
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