71 Iowa 144 | Iowa | 1887
While, as is seen from the above, the court finds that the defendant appeared and agreed to a continuance, it is contended by the defendant that he did not appear previous to the continuance, and that, when he did appear, he pleaded to the jurisdiction. According to his view of the facts, as shown by the record, the precise question certified did not arise. Where a case comes to us upon a certificate, it is proper for us to look into the record far enough to determine whether the question certified arose in the case. The record in question to which we look to determine the facts in dispute is the justice’s transcript. In that we find the following: “January 9, 1886, by agreement of parties this cause is continued until January 14, 1886, at ten o’clock in the forenoon.” The defendant contends that this does not show an appearance by him. Rut, where an order of court is obtained upon an agreement of parties, there is-.a virtual request made for the order by both parties. Now, we are not able to see how a party can make a request of a court
Several other questions are certified; but the conclusion which we have expressed renders it unnecessary to consider the other questions.
"We think that the court erred in holding that the action should be dismissed on the ground that the justice did not acquire jurisdiction.
Reversed.