Gross v. Sioux County
U.S. Circuit Court for the District of Northern Iowa
This is an action at law upon a judgment alleged to have been rendered against the defendant in favor of one Lombard by the state district court for Dubuque county, Iowa.
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This is an action at law upon a judgment alleged to have been rendered against the defendant in favor of one Lombard by the state district court for Dubuque county, Iowa. The petition is in the usual form, and, after proper averments of citizenship to give this court jurisdiction, alleges that on the 23d day of March, 1809, the district court of the state of Iowa for the county of Dubuque rendered a judgment in favor of Josiah L. Lombard against the county of Sioux for $21,164.22 and costs; that said judgment is in full force, and was, on the 3d day of August, 1871, duly assigned to the…
1Opinion of the Court
DILLON, Circuit Judge.
The plaintiff’s assignor brought suit in Dubuque county against the county of Sioux upon its ordinary warrants, payable at its own treasury upon service of process made in Polk county upon the chairman of the board of supervisors of the defendant. The suit was brought in the wrong county, but if the service upon the defendant was sufficient and it did not move to change the venue to the proper county, the judgment would, under the statute of Iowa, be valid. Revision 1860, § 2802.
The only question now before the court is, had the Dubuque district court jurisdiction of the…
2Cases cited1 opinion
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