Salladay v. Bainhill
Supreme Court of Iowa
Appeal from Des Moines Circuit Court. Wednesday, October 5. Action upon a judgment rendered by a justice of the peace of Des Moines county, October 5, 1859. The judgment recites that a notice (summons) was returned, “ served by copy of same,” and that, defendant failing to appear, judgment by default was rendered.
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Appeal from Des Moines Circuit Court. Wednesday, October 5. Action upon a judgment rendered by a justice of the peace of Des Moines county, October 5, 1859. The judgment recites that a notice (summons) was returned, “ served by copy of same,” and that, defendant failing to appear, judgment by default was rendered. Defendant, in his answer, avers that no service of notice, either actual or constructive, was made upon him in the proceeding, and alleges that the judgment is therefore void. No other question is made as to the sufficiency or form of the judgment. Plaintiff demurred to the answer ;…
1Opinion of the CourtBeck, J.
The question presented in this case for our determination is this : In an action upon a judgment by a justice of the peace of this state — a domestic judgment — may the want of notice be shown by extrinsic evidence contradictory of the averments of the judgment reciting due notice ?
This question a majority of the court are clearly of the *556opinion is determined by the decision in Newcomb v. Dewey, 27 Iowa, 381. In that case it was ruled, that, in an action by a junior incumbrancer to redeem lands from a decree of foreclosure of a senior mortgage, it was competent for the plaintiff to prove, by…
2Cases cited1 opinion
- Newcomb v. DeweySupreme Court of Iowa · 1869
3Cited by3 opinions
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