Gowing v. Gowgill
Supreme Court of Iowa
Appeal from Marshall District Court. The facts are stated in tbe opinion of tbe court. 1. Tbe motion to strike was erroneously sustained. 5 Sand., 660; Nicholls v. Jones, 6 How., 355; 15 How., 261; 2 Code R., 47; 4 Pr., 69. 2. Tbe demurrer was improperly sustained. contended that tbe items of account were properly stricken out, citing-' Ingersoll v. Ingersoll, 1 N. Y., Code R., 102; 2. That the justice bad jurisdiction of the subject matter and the parties; tbe entire wrong…
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Appeal from Marshall District Court. The facts are stated in tbe opinion of tbe court. 1. Tbe motion to strike was erroneously sustained. 5 Sand., 660; Nicholls v. Jones, 6 How., 355; 15 How., 261; 2 Code R., 47; 4 Pr., 69. 2. Tbe demurrer was improperly sustained. contended that tbe items of account were properly stricken out, citing-' Ingersoll v. Ingersoll, 1 N. Y., Code R., 102; 2. That the justice bad jurisdiction of the subject matter and the parties; tbe entire wrong consisting in his calling the case for trial too soon, and in refusing to set aside tbe default and judgment then…
1Opinion of the Court
Baldwin. J.
This action is against Gowgill and tbe sureties upon his official bond as justice of the peace. Tbe breaches assigned are, that tbe defendant as a justice of tbe *497peace did not faithfully and impartially, without fear, favor, fraud or oppression dischargo the duties by law required of him as such officer. The plaintiff in his petition avers that he brought suit upon a certain note against one Hays, before the said defendant as justice; that a notice was duly, issued by said justice, made returnable upon a certain day at one o’clock, P. M; that the said defendant, through favor and…
2Cited by8 opinions
- Henke v. McCordSupreme Court of Iowa · 1880
- Jones v. BrownSupreme Court of Iowa · 1880
- Heath v. HalfhillSupreme Court of Iowa · 1898
- Huendling v. JensenSupreme Court of Iowa · 1969
- Dœpfner v. State ex rel. AltlandIndiana Supreme Court · 1871
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