Cottle v. Cole
Supreme Court of Iowa
Appeal from Henry District Court. Pleadings, denials, &g. — foreign judgments — DEFENSE OF FRAUD THERETO — REAL PARTY IN INTEREST AS plaintiffs, &c. — Action by the plaintiff, as assignee, upon a judgment rendered by the Superior Court of Suffolk county, Massachusetts, in favor of one M. J. Cluff, and against the present defendants. Judgment for plaintiff, and defendants appeal.
1Opinion of the CourtDillon, J.
i pdeadnfaToVÍÍ Bigmnent. I. The judgment sued upon was rendered in favor of one Cluff. The present plaintiff distinctly alleged, in his petition, “ that, after the rendition of said judgment, viz.: On the 8th day of August, 1862, the said M. J. Cluff sold and assigned said judgment to the plaintiff in writing, of which *483assignment the following is a true copy,” &o., setting out the assignment in haec verba.
The District Court held that an answer simply “denying that the judgment had been assigned by said duff to the plaintiff,” was not good pleading, and this holding was, under the allegations…
2Cases cited10 opinions
- Conyngham v. SmithSupreme Court of Iowa · 1864
- Burtis v. Cook & SargentSupreme Court of Iowa · 1864
- Farwell v. TylerSupreme Court of Iowa · 1858
- Russell v. ClappNew York Supreme Court · 1849
- Dixon v. GrahamSupreme Court of Iowa · 1864
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3Cited by30 opinions
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- Goodnow v. LitchfieldSupreme Court of Iowa · 1884
- Greene v. McAuleySupreme Court of Kansas · 1905
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