Shea v. Quintin
Supreme Court of Iowa
Appeal from Wapello District Court. This is an equitable proceeding. The petition recites that defendant, Quintín, recovered a judgment against plaintiff before a justice of the peace, and that a transcript thereof was filed in the office' of the clerk of the district court, upon which an execution was issued and levied upon the lands of said plaintiff. The sheriff holding the execution is joined as a defendant.
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Appeal from Wapello District Court. This is an equitable proceeding. The petition recites that defendant, Quintín, recovered a judgment against plaintiff before a justice of the peace, and that a transcript thereof was filed in the office' of the clerk of the district court, upon which an execution was issued and levied upon the lands of said plaintiff. The sheriff holding the execution is joined as a defendant. It is charged that said judgment is void, because the notice issued in the proceeding was served on the defendant but four days before the day upon which the judgment was rendered.…
1Opinion of the CourtBeck, J.
The petition shows that notice of the action wherein the judgment was rendered was served upon the defendant therein, who is the plaintiff in this proceeding. It is then not a case of want of notice, but of defective and insufficient notice. The form of the notice, manner and tim.e of the service, are all prescribed by the statute. It cannot be said that want of compliance with these requirements is a case of want of notice, and that a judgment rendered thereon is without notice, and, consequently, without jurisdiction of the person of defendant. The petition avers that, in fact, the…
2Cases cited1 opinion
- Shawhan v. LofferSupreme Court of Iowa · 1868
3Cited by10 opinions
- McAlpine v. SweetserIndiana Supreme Court · 1881
- Essig v. LowerIndiana Supreme Court · 1889
- Blackman v. MulhallSouth Dakota Supreme Court · 1905
- Belknap v. BelknapSupreme Court of Iowa · 1912
- Bradley v. JamisonSupreme Court of Iowa · 1877
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