Keeling v. Priebe

This action was commenced in the district court of Polk county, Iowa, to restrain the clerk of the municipal court of the city of Des Moines, and its bailiff, respectively, from issuing and levying an execution upon, and for the cancellation of, a judgment for $135, entered in that court against the defendants there, and plaintiffs here, in favor of the “Capital Loan Company,” plaintiff, which it is now alleged is not a legal entity, but merely a trade name. The defendants herein filed a motion to dismiss this action because (1) it is brought to restrain proceedings upon a judgment entered in…