Stewart v. Johnston & Co.
Supreme Court of Iowa
Appeal from Wapello Circuit Court. The plaintiffs in this action were sued by the defendants, Johnston & Co., in the Circuit Court of Wapello county. After the issues had been made the case was removed by change of venue to the Circuit Court of Davis county, and judgment was rendered in that court in favor of the said Johnston & Co. This action is brought to enjoin the said Johnston & Co. from.collecting said judgment.
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Appeal from Wapello Circuit Court. The plaintiffs in this action were sued by the defendants, Johnston & Co., in the Circuit Court of Wapello county. After the issues had been made the case was removed by change of venue to the Circuit Court of Davis county, and judgment was rendered in that court in favor of the said Johnston & Co. This action is brought to enjoin the said Johnston & Co. from.collecting said judgment. A writ of injunction having been issued, a motion was made by the defendants to dissolve the injunction, and upon hearing thereon the motion was overruled. From the order…
1Opinion of the CourtAdams, J.
The petition was in substance that the said Johnston & Co. obtained the said judgment by fraud; that the said Johnston & Co. and the attorneys for both plaintiffs and defendants reside at Ottumwa, in Wapello county; that after said case had been removed to Davis county, negotiations for a compromise were- commenced, and while said negotiations were pending it was agreed by one Hackworth, a member of the firm of Johnston & Co., that they would not proceed to the trial of said case without first notifying these plaintiffs, who were defendants in that suit; that the said Johnston & Co., however,…
2Cases cited2 opinions
- Sinnett v. MolesSupreme Court of Iowa · 1873
- Dent v. SummerlinSupreme Court of Georgia · 1852
3Cited by7 opinions
- Swan v. City of IndianolaSupreme Court of Iowa · 1909
- Des Moines City Railway Co. v. Amalgamated Ass'n of Street & Electric Railway EmployeesSupreme Court of Iowa · 1927
- Dubuque & Sioux City Railway Co. v. Cedar Falls & Minnesota Railway Co.Supreme Court of Iowa · 1888
- Walker & Co. v. StoneSupreme Court of Iowa · 1886
- Beeman v. Bankers Life Co.Supreme Court of Iowa · 1933
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