83 Iowa 229 | Iowa | 1891
The appellants have made an extended collection of authorities bearing on the enforcement and application of Sunday laws to different facts, but no case is brought to our attention that, in its facts, is like this. The appellants criticise the holding in Gunderson v. Richardson, 56 Iowa, 56, and intimate that it should be overruled if it militates against their position in this case. It was held, in that case, that there could be no recovery for fraudulent representations made as an inducement to. enter into a contract on Sunday. It is true that the holding and reasoning in that case is inconsistent with the appellants’ position in this; but it does not follow that an adverse holding in that case would support the appellants’ view in this. In that case the defendant pleaded the violation of the Sunday law as a defense or shield against a charge of fraud, and this court sustained the plea, upon the authority of
It will be observed that the trial of the two motions involved the same issue of fact presented by the answer as to the venue of the action, and upon the motions the proper place of trial was determined to be in Hancock county. We are unable to understand on what theory the same question should be again adjudicated upon averments in the answer.' Code, section 2589, provides that, 11 if suit be brought in a wrong county, it may there be prosecuted to a termination, unless the defendant, before answer, demand a change of place of trial to the proper county.” The letter of the statute
On the appeal from the order changing the venue of the case the action of the court is reversed.
On that overruling the motion for judgment, it is AEEIRMED.