Childs v. Limback
Supreme Court of Iowa
Appeal from Clinton Circuit Court. , The record in this case shows that the plaintiff and appellant brought an action of forcible entry and detainer against the defendant, before J. C. Kelly, Esq., a justice of the peace of Clinton county.
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Appeal from Clinton Circuit Court. , The record in this case shows that the plaintiff and appellant brought an action of forcible entry and detainer against the defendant, before J. C. Kelly, Esq., a justice of the peace of Clinton county. The original notice was served on the defendant in Lyons township, in said county, on the 29th day of December, 1869. The defendant appeared before the justice, applied for and obtained a change of venue to E. M. Westbrook, Esq., a justice of said county, but of what township the record does not inform us. The petition shows that the property in controversy…
1Opinion of the CourtMiller, J.
1. Obkhnxl appearance, I. Upon what ground the appellee claimed that the justice had no jurisdiction of his person we are'
not advised, The record shows that he was served with notice, that he appeared before the justice who issued the notice and obtained a change of venue. He also appeared before the justice to whom the venue was changed, and there filed a demurrer. If there was any defect in the notice, it was cured by the appearance of the defendant. Rev. of 1860, § 2840; Hale v. Van Saun & Hunt, 18 Iowa, 19; Burns v. Heas et al., 20 id. 16.
2. jtoisdicII. "When it appears on the face of the…
2Cases cited2 opinions
- Hale v. Van SaunSupreme Court of Iowa · 1864
- Jones v. BrunskillSupreme Court of Iowa · 1864
3Cited by5 opinions
- Stokes v. SpragueSupreme Court of Iowa · 1899
- State v. HansonSupreme Court of Iowa · 1926
- Kilmer v. GallaherSupreme Court of Iowa · 1902
- Robinson v. C. A. Grant & SonSupreme Court of Iowa · 1903
- O'Donnell v. Atchison, T. & S. F. R. Co.U.S. Circuit Court for the Southern District of Iowa · 1892