Rahn v. Greer
Supreme Court of Iowa
Appeal from Limn Circuit Court. Saturday, December 13. On the 10th day of July, 1871, plaintiff commenced this action before a justice of the peace, .by causing a notice to be issued claiming of the defendant $30, with interest for one year, upon a note and an account.
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Appeal from Limn Circuit Court. Saturday, December 13. On the 10th day of July, 1871, plaintiff commenced this action before a justice of the peace, .by causing a notice to be issued claiming of the defendant $30, with interest for one year, upon a note and an account. The notice was made returnable at 9 o’clock.^., m., July 15, 1871. On the return day of the notice the defendant appeared and filed a motion for a nonsuit for the alleged reasons that he was “ present ready to try the ease, the hour having passed and the plaintiff not appearing, and no papers being filed.” The justice being…
1Opinion of the CourtMiller, J.
i justice of the peace. I. The defendant and appellee, in his application for the writ of error to the justice, alleges, as the first error complained of, the refusal of the justice dismiss the action on defendant’s motion. Without intimating an opinion whether theré was or was not error in this action of the justice it is very clear that the defendant could not urge this ruling as erroneous in the circuit court, for the reason that he acquiesced in the *629ruling by appearing before tbe justice on tbe day to which the cause had been adjourned, filed his answer and moved to change the venue. If…
2Cases cited2 opinions
- Hale v. Van SaunSupreme Court of Iowa · 1864
- Wilsey v. MaynardSupreme Court of Iowa · 1866
3Cited by5 opinions
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- Moffitt v. Chicago Chronicle Co.Supreme Court of Iowa · 1899
- Chicago, Burlington & Quincy Railroad v. CastleSupreme Court of Iowa · 1912
- Laura v. PuncerelliSupreme Court of New Jersey · 1917
- Schichtel v. TurinskySupreme Court of Oklahoma · 1930