Legal Opinion

Brunk v. Moulton Bank

Supreme Court of Iowa

Decided May 29, 1903PublishedCited by 9 opinions

Appeal from, Polk District Court. — HoN. C. P. Holmes, Judge. ActioN to enjoin defendants from proceeding to. the sale of certain real estate of plaintiff, situated in Polk •county, under execution issued from the district court of Appanoose county on a transcript of the judgment of a justice of the peace of that county. Decree was rendered for "the plaintiff, and defendants appeal.

1Opinion of the Court

McClain, J.. i. Judgment of wiiereeu-SStbíre-biramed. The grounds on which it was sought to enjoin the enforcement of the judgment in Polk county were, first, that the judgment was void on the ground that the justice of the peace in Appanoose county had no jurisdiction to render judgment against the defendant (plaintiff in this action), who at the time the action was brought in the justice’s court was, and still is, a resident of Polk county; and, second, that since the rendition of the judgment the plaintiff in this action has been discharged in bankruptcy from liability for his debts,…

2Cases cited5 opinions

  1. Furman v. DewellSupreme Court of Iowa · 1872
  2. State Insurance v. WaterhouseSupreme Court of Iowa · 1889
  3. Hawkeye Insurance v. HustonSupreme Court of Iowa · 1902
  4. Seaton & Son v. Hamilton & Co.Supreme Court of Iowa · 1860
  5. Hawkeye Insurance v. LuckowSupreme Court of Iowa · 1888

3Cited by9 opinions

  1. Ulber v. DunnSupreme Court of Iowa · 1909
  2. Bankers Trust Co. v. ScottSupreme Court of Iowa · 1933
  3. Gunn v. WagnerSupreme Court of Iowa · 1951
  4. Keeling v. PriebeSupreme Court of Iowa · 1934
  5. Drahos v. KopeskySupreme Court of Iowa · 1906

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