Meunch v. Breitenbach
Supreme Court of Iowa
Appeal from Pocahontas Circuit Court. The plaintiff filed in the office of a justice of the peace of Bellville township, Pocahontas county, a petition alleging that he is justly entitled to the possession of a certain colt of the value of forty dollars, and praying a judgment for the return of the property, or the value thereof, and for fifty dollars damages for detention. An original notice was issued which was served in Lizard township, Pocahontas county.
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Appeal from Pocahontas Circuit Court. The plaintiff filed in the office of a justice of the peace of Bellville township, Pocahontas county, a petition alleging that he is justly entitled to the possession of a certain colt of the value of forty dollars, and praying a judgment for the return of the property, or the value thereof, and for fifty dollars damages for detention. An original notice was issued which was served in Lizard township, Pocahontas county. On the appearance day the defendant filed a plea in abatement, alleging that the court has no jurisdiction of the cause for the following…
1Opinion of the Court
Day, J. —
The following are the provisions of the Code of 1878, respecting the place of bringing suit in a justice’s court:
“ Suits may, in all cases, be brought in the township where the plaintiff or defendant, or one of several defendants resides.
They may also be brought in any other township of the same county, if actual service on one or more of the defendants is made in such township.
Actions to recover personal property, and suits commenced by attachment; may be commenced in any county and township wherein any portion of the property is found, and justices shall have jurisdiction therein…
2Cases cited1 opinion
- Post v. Brownell & Co.Supreme Court of Iowa · 1873
3Cited by5 opinions
- Crocker v. Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1911
- Gilman v. HeitmanSupreme Court of Iowa · 1907
- Knowles v. PicketSupreme Court of Iowa · 1877
- Day v. GreenwoodSupreme Court of Iowa · 1895
- Knowles v. PicketSupreme Court of Iowa · 1877