Farr v. Fuller
Supreme Court of Iowa
Appeal from Polk District Court. This cause was commenced in tbe Polk District Court and in August, 1859, tbe judge presiding having been of counsel, tbe venue was “ by agreement of parties” changed to Story County.
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Appeal from Polk District Court. This cause was commenced in tbe Polk District Court and in August, 1859, tbe judge presiding having been of counsel, tbe venue was “ by agreement of parties” changed to Story County. In September, 1860, on defendant’s motion, tbe cause was re-docketed and dismissed for tbe reason, as stated in tbe general entry, that plaintiff had failed to comply with thé order of the court' for the payment of costs, “or in removing the same out of the district, or paying the costs therefor.” Plaintiff appeals. The District Court of Polk County erred in exercising…
1Opinion of the CourtWright, J.
In re-dockcting the cause and dismissing it there was error. The order for the change of venue was unconditional. After this the District Court of Story, and not that of Polk, was the proper tribunal to apply to for any order or relief. The District Court of Polk County had no longer jurisdiction of the cause. (Campbell v. Thompson, 4 G. Greene, 415 ; Ib. 322.) The venue was changed by agreement because of the interest of the presiding judge, and while it was the duty of the plaintiff to prosecute his action, and while for his failure to do so, his cause could be dismissed, this should have…
2Cases cited2 opinions
- State v. EnsleySupreme Court of Iowa · 1859
- Eckles v. KinneySupreme Court of Iowa · 1857
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