Marquardt & Sons v. Thompson
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. W. F. Conkad, Judge. This is au action upon three promissory notes, and upon an account. The notes were payable at Iowa City, in this state, and the place of payment of the account is not averred. The defendant was not a resident of this state, but was a resident of Sheridan county, Nebraska. He was served with an original notice of the action in Greene county, in this state.
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Appeal from Polk District Court. — Hon. W. F. Conkad, Judge. This is au action upon three promissory notes, and upon an account. The notes were payable at Iowa City, in this state, and the place of payment of the account is not averred. The defendant was not a resident of this state, but was a resident of Sheridan county, Nebraska. He was served with an original notice of the action in Greene county, in this state. He made a special appearance, and filed a motion to dismiss the case upon the ground that he was not subject to the jurisdiction of the court, which motion was overruled. He made…
1Opinion of the CourtRothkook, J.
The sole question to be determined is whether the court erred in overruling the motion to dismiss the action. Counsel for appellant contend that the ruling was contrary to section 2586 of the Code, which, so far as applicable' to the question under consideration, is as follows : “Except where otherwise provided herein, personal actions must be brought in a county wherein some of the defendants actually reside. But, if none of them have ¿ny residence within this *160state, they may be sued in any county wherein either of them may be found. * * *” Counsel say that this provision of the statute “ is…
2Cases cited6 opinions
- Orcutt v. HansonSupreme Court of Iowa · 1887
- Weil v. LowenthalSupreme Court of Iowa · 1860
- Goldsmith v. WillsonSupreme Court of Iowa · 1885
- Cole v. ConnerSupreme Court of Iowa · 1860
- Lyon v. CloudSupreme Court of Iowa · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- McDonald v. Second National BankSupreme Court of Iowa · 1898
- Bowman v. FlintCourt of Appeals of Texas · 1904
- Molsberry v. BriggsSupreme Court of Iowa · 1916
- Thornburg v. MershonSupreme Court of Iowa · 1933
- Educational Film Exchanges of Iowa, Inc. v. HansenSupreme Court of Iowa · 1936
1 more not listed; retrieve them via the Exa API.