Carroll County v. American Emigrant Co.
Supreme Court of Iowa
Appeal from, Ccvrroll District Court. "Wednesday, October 22. On the 20th day of .September, 1866, the plaintiff filed in the district court of Carroll county, a petition asking that a certain contract entered into between plaintiff and defendant, for the conveyance to defendant of certain swamp lands owned by plaintiff, might be canceled, upon the ground that it was procured through the defendant’s fraud.
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Appeal from, Ccvrroll District Court. "Wednesday, October 22. On the 20th day of .September, 1866, the plaintiff filed in the district court of Carroll county, a petition asking that a certain contract entered into between plaintiff and defendant, for the conveyance to defendant of certain swamp lands owned by plaintiff, might be canceled, upon the ground that it was procured through the defendant’s fraud. On the 16th day of September, 1867, the defendant filed a motion for a change of venue to the county of Polk, for the following reasons: 1. “ The said Carroll connty, Iowa, is plaintiff in…
1Opinion of the CourtDay, J.
It is claimed that the cause was properly retained in Carroll county for trial under section 2810 of the Revision, which provides that where a change of venue is taken during a term of court, unless the applicant for the change has procured the transmission of the papers to the proper county, or has paid or secured the costs of the clerk therefor by the morning of the second day after the order is made, the cause shall be retained for trial, as if no change had been prayed.
This section applies to changes of venue ordered upon application of a party. Parties may agree to an order changing the…
2Cases cited1 opinion
- Farr v. FullerSupreme Court of Iowa · 1861
3Cited by2 opinions
- Iowa Loan Co. v. WilsonSupreme Court of Iowa · 1910
- State of Iowa v. Iowa Juvenile Court for Plymouth CountySupreme Court of Iowa · 2023