Ebersole & Son v. Ware
Supreme Court of Iowa
Appeal from Calhoum Circuit Cowrl. This is an action upon a book account for $90. Suit was originally commenced before a justice of tbe peace against tbe appellant and one O’Connor. ' O’Connor aceejited service-of tbe original notice and made default, and judgment was rendered- against bim. Tbe suit was commenced in Calboun county, and tbe original notice was served on tbe appellant in Dubuque county.
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Appeal from Calhoum Circuit Cowrl. This is an action upon a book account for $90. Suit was originally commenced before a justice of tbe peace against tbe appellant and one O’Connor. ' O’Connor aceejited service-of tbe original notice and made default, and judgment was rendered- against bim. Tbe suit was commenced in Calboun county, and tbe original notice was served on tbe appellant in Dubuque county. On.tbe return day tbe appellant appeared before tbe justice of tbe peace, and moved that tbe action be dismissed as to bim upon tbe ground that he was an actual resident of Dubuque county, and…
1Opinion of the CourtRothrock, J.
The amount in controversy being less than $100, the Circuit Court has certified the following question upon which it is said it is desirable to have the opinion of this court.
I. “ Does the jurisdiction of a justice of the peace in and for Calhoun county, Iowa, embrace a suit for the recovery of money against a firm, and the individual members of said firm, when the firm had its permanent and only place of business in said Calhoun county, and one member of said firm was an actual resident of said Calhoun county, and the other member an actual resident of Dubuque county, Iowa, on a simple…
2Cases cited1 opinion
- Boyer v. MooreSupreme Court of Iowa · 1876
3Cited by5 opinions
- Porter v. WelshSupreme Court of Iowa · 1902
- Anderson v. WilsonSupreme Court of Iowa · 1909
- Farmers' Mutual Telephone Co. v. HowellSupreme Court of Iowa · 1906
- C. Ebersole & Son v. WareSupreme Court of Iowa · 1942
- Farmers' Mutual Telephone Co. v. HowellSupreme Court of Iowa · 1906