Cox v. Graham
Supreme Court of Iowa
Appeal from the Lee District Court. This action was commenced before a justice of tbe peace, to recover an amount claimed tobe due on a promissory note.
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Appeal from the Lee District Court. This action was commenced before a justice of tbe peace, to recover an amount claimed tobe due on a promissory note. Defendant answered under oath, setting up that said note was given in consideration of an interest wbicb tbe plaintiff fraudulently professed to bave, in and to certain town lots therein mentioned; that plaintiff made a quit-claim deed tberefor; that tbe representations of plaintiff were false and fraudulent; that be bad no title; and that tbe consideration had therefore failed, This answer was under oath, and called for a sworn reply. The…
1Opinion of the Court
Wright, 0. J.
It is first objected that the justice erred in not dismissing the case. To this it is answered, that the justice had jurisdiction; that the title to real estate was not involved; and if it was, the question was made by defendant’s pleading; and that he could not by his own pleading, raise the issue so as to oust the justice of jurisdiction. Whatever other effect the filing of such an answer might have (granting that the title to real estate was raised thereby), we are clear that defendant could not ask to have a cause dismissed, for any such reason. The Code, § 2262, inhibits…
2Cited by1 opinion
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