Smith v. Griffin
Supreme Court of Iowa
Appeal from Delaware District Court. . This is an action in equity, commenced on the 7th day of June, 1875, to set aside a judgment recovered by M. E. Griffin against the plaintiff, and to cancel the sale and sheriff’s deed thereunder to Simeon B. Griffin. The court granted the plaintiff the relief prayed. The defendants appeal. The material facts are stated in the opinion.
1Opinion of the CourtDay, J.
In April, 1868, the defendant M. E. Griffin commenced an. action against the plaintiff upon account for $200, for professional service, assigned to M. E. Griffin by the defendant Ray B. Griffin. An affidavit that the defendant in that action, George Smith, was a non-resident was made, and an attachment was prayed. Notice was served by publication, and a writ of attachment was issued and levied upon the south half of section 9, township 88, range 5.
At the October term, 1868, the defendant was adjudged in default for want of appearance or answer, and it was “considered and adjudged by the court…
2Cases cited2 opinions
- Lutz v. KellySupreme Court of Iowa · 1877
- Bond v. EpleySupreme Court of Iowa · 1878
3Cited by4 opinions
- Griffith v. Milwaukee Harvester Co.Supreme Court of Iowa · 1894
- Cassidy v. WoodwardSupreme Court of Iowa · 1889
- Kelly v. Norwich Fire InsuranceSupreme Court of Iowa · 1891
- Gaar Scott & Co. v. TaylorSupreme Court of Iowa · 1905