Cohen v. Daniels
Supreme Court of Iowa
Appeal from Blaeh Ha/wk District Gov/rt. ^ This is an action on an account, for goods, etc., by ordinary proceeding, brought in the District Court of Black Hawk county.
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Appeal from Blaeh Ha/wk District Gov/rt. ^ This is an action on an account, for goods, etc., by ordinary proceeding, brought in the District Court of Black Hawk county. The defendant moved the court for a change of venue, basing his application upon an affidavit averring, that, for a long time prior to the commencement of the action, he had resided in Hardin county, but having made arrangements to change his residence to Dubuque, he was, at the time of the service of the notice, passing through Black Hawk county, with his family, on his way to his future place of residence. The motion was…
1Opinion of the CourtFbeck, J.
l. venue: lost. " Section 2800 of the Bevision provides, that “ personal actions must be brought in a county wherein of the defendants actually reside. But none of them have any residence within the ■ State, they may be sued in any county wherever either of them may be found.” Did the defendant, as shown by *90the record, have a residence within the State? The intention of the party and his acts are to be considered, in determining the question, and they must concur in order to fix the fact of residence. Hinds v. Hinds, 1 Iowa, 40-47; State v. Groome, 10 Iowa, 315. He liad actually abandoned his…
2Cases cited5 opinions
- Desesbats v. BerquierSupreme Court of Pennsylvania · 1808
- Hinds v. HindsSupreme Court of Iowa · 1855
- State v. GroomeSupreme Court of Iowa · 1860
- Love v. CherrySupreme Court of Iowa · 1868
- Inhabitants of Jefferson v. Inhabitants of WashingtonSupreme Judicial Court of Maine · 1841
3Cited by16 opinions
- Adams v. SmithSupreme Court of Iowa · 1921
- State v. SavreSupreme Court of Iowa · 1905
- Mann v. TaylorSupreme Court of Iowa · 1889
- United States v. StablerCourt of Appeals for the Third Circuit · 1948
- Schlawig v. De PeysterSupreme Court of Iowa · 1891
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