Legal Opinion

Connell v. Stelson

Supreme Court of Iowa

Decided December 21, 1871PublishedCited by 8 opinions

Appeal from Cerro Gordo District Court. Proqeeding in chancery to enjoin the collection of a judgment rendered against plaintiff by a justice of the peace upon a complaint for an assault and battery.

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Appeal from Cerro Gordo District Court. Proqeeding in chancery to enjoin the collection of a judgment rendered against plaintiff by a justice of the peace upon a complaint for an assault and battery. The following facts are disclosed by the record: Upon the plaintiff being arrested and taken before Abel Dunham, a justice of the peace, he made application for a change of venue, which was granted, and the case, against plaintiff’s objection, was sent to Nathan Bass, another justice of the ■ same county, but not the next nearest justice. Upon plaintiff being taken before the last-named justice,…

1Opinion of the CourtBeck, J.

1. justice of jurisdiotion.' —I. The injunction should not have been dissolved. The judgment entered by the justice is clearly

void, having been rendered without jurisdiction. The officer having the plaintiff in custody had no authority, upon the justice to whom the case had been sent refusing to act, to take the plaintiff before any other officer he chose to select, and the justice before whom he was brought in this manner acquired no jurisdiction of the case. The proceedings were not brought before him in a manner prescribed by law, and he was not authorized to take cognizance thereof. To…

2Cases cited1 opinion

  1. Thompson v. ReedSupreme Court of Iowa · 1870

3Cited by8 opinions

  1. Martin v. StateWisconsin Supreme Court · 1891
  2. Leonard v. Capital InsuranceSupreme Court of Iowa · 1897
  3. Hawkeye Insurance v. HustonSupreme Court of Iowa · 1902
  4. Smithman v. GrayMichigan Supreme Court · 1918
  5. First Nat. Bank of Danville v. CunninghamU.S. Circuit Court for the District of Kentucky · 1891

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