Freeman v. Hart
Supreme Court of Iowa
Appeal from Benton District Court. Action in equity. The defendant, Hart, obtained a judgment in an action before a justice of the peace against one Yerhaven, and the latter appealed therefrom to the circuit court. Tlie appeal bond was in the penalty of fifty dollars, and was signed by the plaintiff as surety.
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Appeal from Benton District Court. Action in equity. The defendant, Hart, obtained a judgment in an action before a justice of the peace against one Yerhaven, and the latter appealed therefrom to the circuit court. Tlie appeal bond was in the penalty of fifty dollars, and was signed by the plaintiff as surety. On the trial in the circuit court, judgment was rendered against Verb aven and the plaintiff for three dollars damages, and one hundred and fifty-two dollars and eighty-five cents costs. The petition states that the plaintiff was not a party to the action, except as surety, as above…
1Opinion of the CourtSeevers, J.
l. judgment ties'on anappeal Roncl: jurisdiction, — If the circuit court had jurisdiction over the plaintiff and the subject-matter when the judgment was rendered, then the demurrer was erroneously overruled. The statute provides in relation to appeals . . „ , i x from, a justise of the peace as follows: “Any judgment in the circuit court against the appellant shall be en*527tered up against him and his sureties jointly.” Code § 3594. Counsel for the apjiellee properly concede that the circuit court had the jurisdiction and power to render a judgment against the" plaintiff for fifty dollars.
The…
2Cases cited1 opinion
- Crites v. LittletonSupreme Court of Iowa · 1867
3Cited by2 opinions
- Cowell v. Water Supply Co.Supreme Court of Iowa · 1906
- Haas v. NielsenSupreme Court of Iowa · 1925