Easton v. Fleming

Supreme Court of Iowa

Easton v. Fleming

1 N.W. 624, 51 Iowa 305

CourtSupreme Court of Iowa

DecidedJune 9, 1879

StatusPublished

Cited by2 cases

This text of 1 N.W. 624 (Easton v. Fleming) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Easton v. Fleming, 1 N.W. 624, 51 Iowa 305 (iowa 1879).

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Opinion

Day, J.

i. jubisbiction : district court: forcible entry and dedetainer. — In Dicks v. Hatch, 10 Iowa, 380, it was held that under the corresponding provisions of the Code of 1851, § 2362 and the following sections, a justice of the . . ......... peace alone has original jurisdiction m the summary proceeding for forcible entry and detention, and that the District Court can obtain jurisdiction in no other way than by appeal. Under the provisions of the Code of 1873 the District Court cannot obtain jurisdiction by appeal, since appeals from justices must be taken to the Circuit Court. Code, §§ 162 and 3624. No act of the parties can [306]*306give jurisdiction, when the law does not confer it. Dicks v. Hatch, supra. The court did not err in sustaining the motion to dismiss the case.

Affirmed.

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Day, J.

i. jubisbiction : district court: forcible entry and dedetainer. — In Dicks v. Hatch, 10 Iowa, 380, it was held that under the corresponding provisions of the Code of 1851, § 2362 and the following sections, a justice of the . . ......... peace alone has original jurisdiction m the summary proceeding for forcible entry and detention, and that the District Court can obtain jurisdiction in no other way than by appeal. Under the provisions of the Code of 1873 the District Court cannot obtain jurisdiction by appeal, since appeals from justices must be taken to the Circuit Court. Code, §§ 162 and 3624. No act of the parties can [306]*306give jurisdiction, when the law does not confer it. Dicks v. Hatch, supra. The court did not err in sustaining the motion to dismiss the case.

Affirmed.

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Bluebook (online)

1 N.W. 624, 51 Iowa 305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/easton-v-fleming-iowa-1879.

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