Haugen v. Oldford
Supreme Court of Iowa
• Appeal from Winneshiek District Court.— Hon. L. E. Eel-lows, Judge. Action at law upon a judgment, of a' justice of the peace, • which ■ had been transcripted to and filed with the clerk of the district court. Defendants demurrer to the petition upon the ground that the action was barred by the statute of limitations was overruled.
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• Appeal from Winneshiek District Court.— Hon. L. E. Eel-lows, Judge. Action at law upon a judgment, of a' justice of the peace, • which ■ had been transcripted to and filed with the clerk of the district court. Defendants demurrer to the petition upon the ground that the action was barred by the statute of limitations was overruled. They thereupon filed an answer, in which, among other things, they pleaded the ■ statute of limitations; and to this division of the answer plaintiff demurred, his demurrer being sustained. The case then went to trial upon an issue tendered by defendants’ general…
1Opinion of the CourtDeemer, J.
Practically the only question in the case is: Is the action barred by the statute of • limitations ? The judgment of the justice was rendered April 12, 1880. It was transcripted to and filed with the clerk of the district court on the same day. Execution issued from the district court April 5, 1900, which was returned unsatisfied November 25, 1901. This action was commenced June 29, 1903. By statute it is provided that no action shall be brought upon a justice’s judgment within eight years after the same is rendered,- nor upon a judgment of any court of record within fifteen years, and the…
2Cases cited7 opinions
- Norris v. TrippSupreme Court of Iowa · 1900
- Wooster v. BatemanSupreme Court of Iowa · 1905
- Weiser v. McDowellSupreme Court of Iowa · 1895
- Cassady v. GrimmelmanSupreme Court of Iowa · 1899
- Little v. DevendorfSupreme Court of Iowa · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Miller v. RosebrookSupreme Court of Iowa · 1907