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1 Morris 438

Starr v. Wilson

Supreme Court of Iowa

Decided January 15, 1845

Supreme Court of Iowa · decided 1845-01-15

Wilson sued Starr and Burgess before a justice of the peace and a judgment was had for the plaintiff, for $50 and costs. The defendants appealed to the District Court. At the September term 1843, Wm. S. Burges pleaded in abatement to the jurisdiction of the justice of the peace who tried the cause below.

Decided 1845-01-15

¶1Per Curiam,

MasoN, Chief Justice.

¶2This cause came into the District Court by appeal. A plea in abatement to the jurisdiction of the justice who tried the case below, was filed, and without any disposition being made of that plea, the parties went into a trial on the merits. If the defendants below wished to take any advantage of their plea in abatement they should have called it to the notice of the District Court before going to trial on the merits. Their own negligence cannot be made the cause of reversing the judgment.

¶3No want of consideration is made apparent in the record.

¶4Judgment affirmed.

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