Legal Opinion

Arnold v. Hawley

Supreme Court of Iowa

Decided October 23, 1885PublishedCited by 14 opinions

Appeal from Webster District Court. One Schofield obtained a judgment, in a law action against' tlie plaintiff1, which is the property of the defendant. This is an action in equity to set aside and cancel such judgment. A demurrer to the petition was overruled, and the defendant appeals.

1Opinion of the CourtServers, J.

1. ACTION to cancel void judgment: m Brought1'1* j'urisSiction. I. It is alleged in the petition that no notice of the pendency of the action in which the judgment was rendered was ever served on the plaintiff, and . 1 that the court had no pinsdiction or power to •> r render it, but that the same constitutes an apparent ]jen on the plaintiff’s property, and therefore he asked to have it set aside.

*314There was a demurrer to the petition on two grounds; the first being that the court had no jurisdiction or power to grant the relief asked. This is based on the thought that, as the judgment was…

2Cases cited7 opinions

  1. Wegman v. . ChildsNew York Court of Appeals · 1869
  2. Taggart v. WoodSupreme Court of Iowa · 1866
  3. Dryden v. WyllisSupreme Court of Iowa · 1879
  4. Parsons v. NuttingSupreme Court of Iowa · 1877
  5. Gilman v. DonovanSupreme Court of Iowa · 1882

2 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. State Insurance v. WaterhouseSupreme Court of Iowa · 1889
  2. Iowa Union Telephone Co. v. BoylanSupreme Court of Iowa · 1892
  3. State Ex Rel. Willys v. ChillingworthSupreme Court of Florida · 1936
  4. Leonard v. Capital InsuranceSupreme Court of Iowa · 1897
  5. Hawkeye Insurance v. HustonSupreme Court of Iowa · 1902

9 more not listed; retrieve them via the Exa API.

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