Russell v. Wilson & Co.
Supreme Court of Iowa
Appeal from Kossuth District Court. Wednesday, October 22. Suit in equity to enjoin the collection of a judgment in favor of these defendants against this plaintiff on the ground that the plaintiff in the judgment agreed in parol with the defendant before the judgment was rendered, that if the defendant then would pay certain other judgments against him and interpose no defense to that action, he should have a stay of execution for one year without bond; the defendant then…
Read the full summary
Appeal from Kossuth District Court. Wednesday, October 22. Suit in equity to enjoin the collection of a judgment in favor of these defendants against this plaintiff on the ground that the plaintiff in the judgment agreed in parol with the defendant before the judgment was rendered, that if the defendant then would pay certain other judgments against him and interpose no defense to that action, he should have a stay of execution for one year without bond; the defendant then paid the other judgments, withdrew his defense and judgment was rendered against him, and the plaintiff therein had…
1Opinion of the CourtCole, J.
I. The answer plainly, fully and directly denies the essential facts alleged in the petition and upon which the right to the injunction was grounded. In such case it is not error to dissolve the injunction. Shricker v. Field et al., 9 Iowa, 366; Anderson et ux. v. Reed, et al., 11 id. 177; Walters v. Fredericks, id. 181; Stevens et ux. v. Myers et al., id. 183; Taylor v. Dickinson, 15 id. 483.
*378II. Inasmuch as the plaintiff by his petition made a ease for injunction, and if sustained by evidence, would be entitled on final decree to the injunction as asked, it was error to dismiss his petition.…
2Cases cited2 opinions
- Shricker v. FieldSupreme Court of Iowa · 1859
- Walters v. FredericksSupreme Court of Iowa · 1860
3Cited by6 opinions
- McMurray v. FaustSupreme Court of Iowa · 1937
- Swan v. City of IndianolaSupreme Court of Iowa · 1909
- Chicago Great Western Railway Co. v. Iowa Central Railway Co.Supreme Court of Iowa · 1909
- Sioux City Night Patrol v. MathwigSupreme Court of Iowa · 1938
- Fisher v. BeardSupreme Court of Iowa · 1875
1 more not listed; retrieve them via the Exa API.