Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1855-01-10

49, nj on the dniient made
4 = co,,1ssthe Justice never
.,a., ;, snr,sdicYfSn Of the person Of the
defendant below; and that the judgment ren
JUDGE aud void
Trustees Of Miners
Bank of Dubuque Appeal from Dubuque
L A. Thomas. rs; county reversed
Held. l. That the trustees of the Miners
Bank of Dubuque. appointed under the ac. Of
May 81 ls45. had no authority to employ
counseisto Prosecute a suit by quo oarranto
against the bank and contract to pay his fees
out Of the assets Of the institution.
Proctor W. Trask Appeal from Louisa
! Ambrose W. Key
Held l.-Where the original notice was re-
turned on the 29h ofJuly, 1853. shaving that
| the defendant was a nor fesldento OF the Stale
and service BY ppltnsea.,on ,sa was commenced on
d ord aid aid n~sskow :. that copy Of the petition
/ and --lice had been directed TO tho defendant
1 ,r5ugh the Post Office, or that ha residence
lswas unknown, and could not be ascertained,
il was held:- =
l.. That the tecree rendered by default
against the defendant below. wa, unau :horized
aud void.
Seth. Partridge. Appeal from Jackson coun-
ch... c; cort.ry " He's'ae''
Where to petition for foreclosure under a
tax deed the defendant demurred on the ground
that the Law under which the and was cold
he Code. was unconstii utional, for the reason
that 1t impairs the right OF trial By Jury, and
the court below sustained the demurrer. held
tnat the demurrer was improperly sustained
Henry Boads, 1Appeal from Dubuque coun.
Angus. !. or,eu. y Reversed in Part.
Appeal from Justice Of the Peace to the
District Court By the rules of Court, the dock.
ct fee must be paid by noon on the second day
oi the term. or the appeal will be dismissed
with damages. The docket fee was not paid
until the morning of the third day: but was
PAID before any steps Were taken by the an.
peilee to dismiss under the rule After the fee
was paid, the appellee moved to affirm the
Judgment ce,ow with ten per cent. damages
and costs, which motion was sustained. HeiJ.
J.. The rule ofthe District Court in relation
20 aPpes's 10 this respect is peremptory. and
thefe vas no error in its enforcement.
:. mat The Court possessed no authority to
:. penalty on party for not paying a dock
et zee aud that the ten per cent. damages was
unauthorized.
Samuel J. spra', Appeal from Van Buren,
John Marshall.
Suit commenced before a Justice of the
Peace. and Judgment against defendant in that
court, who sued outsa writ Of error to the Dis.
trict Court, where the Judgment below was re-
versed. and cause remanded, at the costs ofthe
defendant in til" writ OF error. M notice of
the suing out of the writ or the pendency OF
the suit in the District Court. .had been given to
the defendant in the writ ei srrer He'd:
l. That the District Court acquired no iuris.
dcticn over the person Of the defendant II. the
writ a error, and that the judgment against
him was void.
William Hutehens. Appeal from Dubuque
Jacob Hamilton. 'ou"'y Reversed.
Suit commenced upon a contract by which
the defendant sold the plaintiff a tract Of land
70. tavern stand. and in the sale, as a part
consideration. agree that as soon as plaintiff
had erected suitable buildings ard was pre- bar.
ed TO keep tavern. the defendant would quit
lbe business in favor Of the plaintiff. The de.
fendsnt denied the contract, its breach. and
that plaintiff was prepared to keep and enter
lain The public. The plaintiff replied by way
d estoppel as to the contract and his prepara. |
ion to keep tavern, a Judgment in D paintiff's |
'Svor against the defendan. in snis brought