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42 Iowa 544

Boyer v. Moore

Supreme Court of Iowa

Decided March 24, 1876

Supreme Court of Iowa · decided 1876-03-24

Tms action was brought on an account before a justice of the peace of Bonaparte township, Van Burén county, Iowa. The defendant resided in Lee county. He appeared and showed by an affidavit that he resided in Lee county, and moved for a change of venue to that county. The court overruled the motion, and the defendant then withdrew from the case and the plaintiff toot judgment.

Decided 1876-03-24

Adams, J.

¶1Under the Eevision, where suit was brought before a justice of the peace of one county against a citizen of another and the defendant appeared, it was held that the appearance conferred jurisdiction. Post v. Brownell, 36 Iowa, 497. Under the Code the justice of the peace lacks jurisdiction of the subject matter in such case. Sec. 3507. Appearance, therefore, of the defendant does not confer jurisdiction. The defendant’s motion to change the place of trial was misconceived, but he was not prejudiced thereby. The defendant’s motion in the Circuit Court to dismiss for want of jurisdiction of the justice of the peace' should have been sustained.

¶2Beveksed.

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