Craft v. Franks
Supreme Court of Iowa
Appeal from Fayette Cvreuit Court. Action of replevin, for one brown mare, brought before a justice of the peace in Fayette county. Answer in denial, and, also, that the court had no jurisdiction, for that defendant is a resident of Buchanan county, and service of notice upon him was made there, and the mare was replevied by the constable in said county.
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Appeal from Fayette Cvreuit Court. Action of replevin, for one brown mare, brought before a justice of the peace in Fayette county. Answer in denial, and, also, that the court had no jurisdiction, for that defendant is a resident of Buchanan county, and service of notice upon him was made there, and the mare was replevied by the constable in said county. There was a jury trial before the justice of the peace, resulting in a verdict and judgment for the plaintiff, for the mare, and $20 damages. The defendant appealed to the circuit court, and the cause was then tried upon the following agreed…
1Opinion of the CourtCole, J.
The agreed statement of facts shows that at the time the writ of replevin was issued, the property replevied (the mare) was in Fayette county. It is enacted by Revision, section 3853, “ actions of replevin and suits commenced by attachment may be commenced in any county and township wherein any portion of the property is found, and justices shall have jurisdiction therein, within the county.” It has been held by this court that the.jurisdiction of a justice of the peace, under this section, in attachment and replevin cases, is not limited to the township in which the defendant resides, or in…
2Cases cited1 opinion
- Leversee v. ReynoldsSupreme Court of Iowa · 1862
3Cited by2 opinions
- Gates v. WagnerSupreme Court of Iowa · 1877
- Knowles v. PicketSupreme Court of Iowa · 1877