Gilson v. Johnson
Supreme Court of Iowa
Appeal from the- Marion District Court. Replevin for a chest of carpenter’s tools. The cause was originally tried before a justice of the peace, and judgmenti rendered against the plaintiff for nine dollars and costs. The transcript of the justice shows that on trial before him, the plaintiff, after examining one witness, and reading a receipt to the jury, which was not objected to, rested his cause.
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Appeal from the- Marion District Court. Replevin for a chest of carpenter’s tools. The cause was originally tried before a justice of the peace, and judgmenti rendered against the plaintiff for nine dollars and costs. The transcript of the justice shows that on trial before him, the plaintiff, after examining one witness, and reading a receipt to the jury, which was not objected to, rested his cause. The defendant then moved for a nonsuit, on the ground that plaintiff’s witness had not been sworn. The justice then refused to swear the witness, and suffer him to give his testimony under .oath,…
1Opinion of the Court
' Stockton, J.
The only reason, urged by defendant, why the District Court should have dismissed the appeal, is that no appeal lies from a judgment of nonsuit. To the contrary, see Code, section 2328 ; Griffin v. Moss, 3 Iowa, 261. But this was more than .a j udgment of nonsuit. The defendant recovered judgment for nine dollars against the plaintiff. Defendant claims that the District Court, should have affirmed the judgment of nonsuit entered by the justice, because a motion made by defendant before the justice to quash the writ of replevin and dismiss the suit, was improperly overruled.
It is…
2Cases cited1 opinion
- Griffin v. MossSupreme Court of Iowa · 1856
3Cited by1 opinion
- Abell v. CrossSupreme Court of Iowa · 1864