46 Iowa 74 | Iowa | 1877
Appellant insists that, as the notice was duly served on Hamilton in Keokuk county, the justice upon the face-of the notice acquired jurisdiction, and that Hamilton should have appeared and pleaded the want of jurisdiction. But this construction would deprive a party of any practical benefit of the provision denying jurisdiction to justices of the peace inactions against residents of other counties. In many cases it wrnuld be cheaper to suffer judgment to go by default, than to travel
In Boyer v. Moore, 42 Iowa, 544, it was held that, under section 3507 of the Code, a justice of the peace lacks jurisdiction over the subject-matter when the defendant is an actual resident of a county other than that in which the action is brought, and that appearance, even, does not confer jurisdiction. That case would seem to be decisive of the present one.
We think the court did not err in holding the judgment void.
Affirmed.