HISTORY OF

MUSCATINE COUNTY, IOWA

1879 EDITION


Transcribed by Sharon Elijah, January 2014

ABSTRACT OF IOWA STATE LAWS.

JURISDICTION OF COURTS

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DISTRICT COURTS

have jurisdiction, general and original, both civil and criminal, except in such cases where Circuit Courts have exclusive jurisdiction. District Courts have exclusive supervision over courts of Justices of the Peace and Magistrates, in criminal matters, on appeal and writs of error.

CIRCUIT COURTS

have jurisdiction, general and original, with the District Courts, in all civil actions and special proceedings, and exclusive jurisdiction in all appeals and writs of error from inferior courts, in civil matters. And exclusive jurisdiction in matters of estates and general probate business.

JUSTICES OF THE PEACE

have jurisdiction in civil matters where $100 or less is involved. By consent of parties, the jurisdiction may be extended to an amount not exceeding $300. They have jurisdiction to try and determine all public offenses less than felony, committed within their respective counties, in which the fine, by law, does not exceed $100 or the imprisonment thirty days.

LIMITATION OF ACTIONS.

         Action for injuries to the person or reputation; for a statute penalty; and to enforce a mechanics; lien, must be brought in two (2) years.

         Those against a pubic officer with three (3) years.

         Those founded on unwritten contracts; for injuries to property; for relief on the ground of fraud; and all other actions not otherwise provided for, within five (5) years.

         Those founded on written contracts; on judgment of any court (except those provided for in the next section), and for the recovery of real property, within ten (10) years.

         Those founded on judgment of any court of record in the United States, within twenty (20) years.

         All above limits, except those for penalties and forfeitures, are extended in favor of minors and insane persons, until one year after the disability is removed—time during which the defendant is a non-resident of the State shall not be included in computing any of the above periods.

         Actions for the recovery of real property, sold for non-payment of taxes, must be brought within five years after the Treasurer’s Deed is executed and recorded, except where a minor or convict or insane person is the owner, and they shall be allowed five years after disability is removed, in which to bring action.

JURORS.

         All qualified electors of the State, of good moral character, sound judgment, and in full possession of the senses of hearing and seeing, are competent jurors in their respective counties.

         United States officers, practicing attorneys, physicians and clergymen, acting professors or teachers in institutions of learning, and persons disabled by . . .

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. . . bodily infirmity or over sixty-five years of age, are exempt from liability to act as jurors.

         Any person may be excused from serving on a jury when his own interests or the public’s will be materially injured by his attendance, or when the state of his health or the death, or sickness of his family requires his absence.

CAPITAL PUNISHMENT

was restored by the seventeenth General Assembly, making it optional with the jury to inflict it or not.


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Page created January 6, 2014 by Lynn McCleary