Legal Opinion

State v. Merrihew

Supreme Court of Iowa

Decided October 20, 1877PublishedCited by 12 opinions

Appeal from Dallas District Court. In the first of tlie above cases a petition was filed claiming of the defendants the sum of five hundred dollars, and alleging that J. B. Merrihew was indicted by the grand jury of Polk county for the Crime of larceny; that the venue was changed to Dallas county; that the defendants, O B. and D. G. Merrihew, with J. B. Merrihew as principal, entered into a written undertaking, in pursuance of the statute, that J". B. Merrihew should appear…

Read the full summary

Appeal from Dallas District Court. In the first of tlie above cases a petition was filed claiming of the defendants the sum of five hundred dollars, and alleging that J. B. Merrihew was indicted by the grand jury of Polk county for the Crime of larceny; that the venue was changed to Dallas county; that the defendants, O B. and D. G. Merrihew, with J. B. Merrihew as principal, entered into a written undertaking, in pursuance of the statute, that J". B. Merrihew should appear and answer said indictment in the District Court of Dallas county; that J. B. Merrihew failed to appear as provided in…

1Opinion of the Court

Day, Ch. J.

a VENUB. wiféifoounty is party. I. The ruling of the court refusing to grant a change of venue is assigned as error. Section 2590 of the Code provides that a change of the place of trial may hud where the county in which the action js pending is a party thereto. Section 3370 provides that: “Fines and forfeitures not otherwise disposed of go into the treasury of the county where the same are collected, for the benefit of the school fund.” • It is claimed that the change of venue should have been granted because the forfeiture when collected goes into the county treasury. If this…

2Cases cited5 opinions

  1. State v. BrownSupreme Court of Iowa · 1864
  2. The People v. . TubbsNew York Court of Appeals · 1868
  3. State v. ScottSupreme Court of Iowa · 1865
  4. Moss's Appeal from ProbateSupreme Court of Connecticut · 1869
  5. Commonwealth v. WebsterCourt of Appeals of Kentucky · 1866

3Cited by12 opinions

  1. State v. SellersSupreme Court of Iowa · 1977
  2. State v. ShellSupreme Court of Iowa · 1951
  3. United States v. EldredgeUtah Supreme Court · 1887
  4. State v. FunkNorth Dakota Supreme Court · 1910
  5. Havis v. StateSupreme Court of Arkansas · 1896

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API