Whitis v. Culver
Supreme Court of Iowa
Appeal from Benton District Court. This was a proceeding under the statute, by arbitration, and, by agreement, the award was to be returned to a justice of the peace and judgment to be entered thereon, which was done.
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Appeal from Benton District Court. This was a proceeding under the statute, by arbitration, and, by agreement, the award was to be returned to a justice of the peace and judgment to be entered thereon, which was done. From the judgment of the justice the defendant appealed to the District Court, where, upon motion, his appeal was dismissed, on the ground that no appeal is allowed from the judgment of a justice upon an award of arbitrators, the District Court having no jurisdiction to try the cause anew on its merits, for which purpose only an appeal brings up the case. Defendant appeals to…
1Opinion of the CourtDeck, J.
i. arbitraJurisdiction of justice. I. A justice of the peace has jurisdiction to render a judgment on an award of arbitrators, where, by agreement of the parties to the arbitration, judgment is so to be rendered thereon, and where the amount of the award does not exceed the sum limiting the jurisdiction of the justice to render judgment by consent.. Van Horn v. Bellar, 20 Iowa, 255.
*32\oN'ud?mont on award. *31II. An appeal from a justice of the peace to .the Dis*32trict Court, “ brings up a cause for trial on the merits, an<^ ^or 110 °^ier purpose.” JRev. § 3932. If the appeal may be taken from a…
2Cases cited1 opinion
- Van Horn v. BellarSupreme Court of Iowa · 1866
3Cited by1 opinion
- Wilbourn v. HurtSupreme Court of Alabama · 1903