IOWA NATIONAL MUTUAL INSURANCE COMPANY v. MITCHELL

No. 64427.

305 N.W.2d 724 (1981)

IOWA NATIONAL MUTUAL INSURANCE COMPANY and Dale Sharp and Marilyn Sharp, Appellants, v. Craig MITCHELL, Appellee.

Supreme Court of Iowa.

Rehearing Denied June 10, 1981.


Attorney(s) appearing for the Case

James D. Lohman of Reimer, Vipond & Lohman, Denison, for appellants.

Thomas R. Eller of Nash, Eller, Brink & Claussen, Denison, for appellee.

Considered en banc.


REYNOLDSON, Chief Justice.

This appeal requires us to decide whether a party to a small claims proceeding has a constitutional right to a jury trial under article I, section 9, of the Iowa Constitution.

Following a vehicular collision, plaintiffs Sharp and their collision insurance carrier sued defendant Mitchell for $500 for damages to the Sharp auto. Mitchell counterclaimed and unsuccessfully demanded a jury....

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