Fitzgerald v. Arel
Supreme Court of Iowa
Appeal from, Palo Alto Gvreuit Oourt. Action upon a due bill for $58.80, brought before a justice of the peace of Palo Alto county. The defendant moved to dismiss, on the ground that he was not a resident of Palo Alto county.
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Appeal from, Palo Alto Gvreuit Oourt. Action upon a due bill for $58.80, brought before a justice of the peace of Palo Alto county. The defendant moved to dismiss, on the ground that he was not a resident of Palo Alto county. He supported his motion by an affidavit made by himself, showing that he was a contractor upon a railroad which was in process of construction; that he had resided in Des Moines county for seven years; that he was absent from Des Moines county only for the purpose of constructing the railroad; and that he expected to return to Des Moines county as soon as the job upon…
1Opinion of the CourtAdams, J.
Three questions are certified, but, as the determination of one of them will make a final disposition of the case, we deem it sufficient to determine that one. The qnes*106tion is in these words: “Upon the affidavit as to residence, is defendant a resident within, and subject to, the jurisdiction of the justice of the peace before whom the case was brought?”.
The jurisdiction of justices of the peace, when not specially restricted, is co-extensive with their respective counties. Code, § 3507. This provision is qualified by the exception that their jurisdiction “does not embrace suits for the…
2Cases cited4 opinions
- Shelton v. TiffinSupreme Court of the United States · 1848
- Crawford v. WilsonNew York Supreme Court · 1848
- Love v. CherrySupreme Court of Iowa · 1868
- Bradley v. FraserSupreme Court of Iowa · 1880
3Cited by19 opinions
- Hutton v. WattersTennessee Supreme Court · 1915
- Warren v. WarrenSupreme Court of Florida · 1917
- Adams v. SmithSupreme Court of Iowa · 1921
- State v. SavreSupreme Court of Iowa · 1905
- Croop v. WaltonIndiana Supreme Court · 1927
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