Gates v. Neimeyer
Supreme Court of Iowa
Appeal from Gass Circuit Oowt. On tire 10th day of December, 1877, one Dilla P. Kirkland commenced an action before a justice of the peace against one J. O. Morrison, claiming of him the sum of one hundred dollars, with interest thereon from January 12th, 1877. On the 18th day of December, 1877, judgment was entered in said action against Morrison for the sum of $99.99, and costs and attorney’s fees.
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Appeal from Gass Circuit Oowt. On tire 10th day of December, 1877, one Dilla P. Kirkland commenced an action before a justice of the peace against one J. O. Morrison, claiming of him the sum of one hundred dollars, with interest thereon from January 12th, 1877. On the 18th day of December, 1877, judgment was entered in said action against Morrison for the sum of $99.99, and costs and attorney’s fees. On the 19th day of December, 1877, execution issued on this judgment, and the defendant Neimeyer, as constable, on the 31st day of' December, 1877, levied said execution upon nine hundred bushels…
1Opinion of the CourtDay, J.
i. judicial TOidlludg-1 ity oí 'officer. I. The amount claimed in the action before the justice was more than one hundred dollars, and in excess of the justice’s jurisdiction. The judgment, therefore, was a nullity. Galley v. The County of Tama, 40 Iowa, 49. Upon this branch of the case the court instructed the jury as follows: “The transcript of the judgment introduced in evidence in favor of Dilla P. Kirkland and against J. C. Morrison, which purports to have been rendered by M. Wingate, justice of the peace, on the 18th day of December, A. D. 1877, shows that the same is void, because the…
2Cases cited1 opinion
- Galley v. County of TamaSupreme Court of Iowa · 1874