Simmons v. Chicago, Burlington & Quincy Railway Co.
Supreme Court of Iowa
Appeal from. Fremont District Court.— Hon. W. R. Griben, Judge. Plaintiff commenced his action before a justice of the peace of Fremont county to recover of the defendant the sum of $22.50, alleged to be due on account of the unused portion of a certain railroad ticket purchased by him of the defendant. The defendant appeared, and answered, denying generally, and also setting up affirmative matters of defense.
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Appeal from. Fremont District Court.— Hon. W. R. Griben, Judge. Plaintiff commenced his action before a justice of the peace of Fremont county to recover of the defendant the sum of $22.50, alleged to be due on account of the unused portion of a certain railroad ticket purchased by him of the defendant. The defendant appeared, and answered, denying generally, and also setting up affirmative matters of defense. Trial was had, the evidence introduced being confined to depositions of witnesses taken in writing, and fact stipulations, also in writing. The result was a judgment in favor of…
1Opinion of the CourtBishop, J.
The record is more or less confused, and we have had some difficulty in ascertaining therefrom the exact situation of affairs. ' Counsel for appellant present in argument a statement of errors committed by the district court, and these are: First, that the court erred in holding that the justice of the peace had jurisdiction of the subject-matter of the action; second, that the justice did not in fact have jurisdiction of the subject-matter of the action pending before him, and his judgment was not only an error of law, but was in conflict with the evidence; third, that the district court…
2Cases cited3 opinions
- Swan v. BournesSupreme Court of Iowa · 1877
- Anthes v. BooserSupreme Court of Iowa · 1900
- Bartle v. PlaneSupreme Court of Iowa · 1885
3Cited by3 opinions
- Yarcho v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1918
- A. A. Doolittle & Co. v. PorterSupreme Court of Iowa · 1910
- Kuiken v. GarrettSupreme Court of Iowa · 1952