Chase v. Weston
Supreme Court of Iowa
Appeal from Hamilton District Court. — Hon. E. E. Miracle, Judge. Action in equity to restrain the sale of real estate in satisfaction of a judgment alleged to be void. The petition was filed December 22, 1885, and a temporary writ of injunction was issued to restrain the sale. On the eighteenth day of February, 1886, an answer was filed, which denied the alleged invalidity of the judgment in question.
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Appeal from Hamilton District Court. — Hon. E. E. Miracle, Judge. Action in equity to restrain the sale of real estate in satisfaction of a judgment alleged to be void. The petition was filed December 22, 1885, and a temporary writ of injunction was issued to restrain the sale. On the eighteenth day of February, 1886, an answer was filed, which denied the alleged invalidity of the judgment in question. On the eighth day of September, 1887, the defendant filed a notice to the effect that the cause would be brought on for trial at the term of court which commenced on the nineteenth day of that…
1Opinion of the CourtRobinson, J.
1-tioSTwalver. — I. Appellant insists that the district court did not have jurisdiction to try this cause, against his objection, on account of the relationship of the judge of the court to plaintiff. He assigns errors, and does not ask a trial here de novo. It is shown by the affidavit in support of the application for a continuance, and is admitted by appellee, that the judge was the uncle of plaintiff. Section 190 of the Code is as follows : “A judge or justice is disqualified from acting as such, *161except by mutual consent of parties, in any case wherein he is a party, or interested, or…
2Cases cited4 opinions
- Oakley v. . AspinwallNew York Court of Appeals · 1850
- Hall v. ThayerMassachusetts Supreme Judicial Court · 1870
- County of Floyd v. CheneySupreme Court of Iowa · 1881
- Strang v. Beloit & Madison RailroadWisconsin Supreme Court · 1863
3Cited by6 opinions
- State v. AllenSupreme Court of Iowa · 1981
- Stone v. Marion CountySupreme Court of Iowa · 1889
- Corbett v. StergiosSupreme Court of Iowa · 1965
- Boyer v. BackusMichigan Supreme Court · 1937
- Case v. HoffmanWisconsin Supreme Court · 1898
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