Smith v. Yager
Supreme Court of Iowa
Appeal from Montgomery District Cowt. — Hon. H. E. Deemer, Judge. Action against the sureties upon a bond executed by an assignee for the benefit of creditors. The venue of the case was changed, on the ground that the action was not begun in the county of the defendant’s residence.
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Appeal from Montgomery District Cowt. — Hon. H. E. Deemer, Judge. Action against the sureties upon a bond executed by an assignee for the benefit of creditors. The venue of the case was changed, on the ground that the action was not begun in the county of the defendant’s residence. A motion filed in the court to which the cause was sent to dismiss the cause on the grounds that the plaintiff had not paid the costs within the time prescribed, and the papers were not-filed in time in the court to which the cause was sent, was sustained. The plaintiff appeals.
1Opinion of the Court
Beck, G. J.
I. This action was brought in Adams county. A motion to change the venue on the ground that the defendant did not reside in that county was sustained, and the cause was sent, pursuant to the statute, to Montgomery county; the order making the change adjudging costs against the plaintiff, and prescribing that they shall be paid in thirty days. A motion to dismiss the case in the Montgomery district court, on the grounds that the costs were not paid in time, nor the papers filed in that court in time, was sustained. This order was set aside on thq *707motion of the plaintiff, who filed a…
2Cited by10 opinions
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- Holmes v. IgoSupreme Court of Minnesota · 1910
- Sterios v. Southern Surety Co.Washington Supreme Court · 1922
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