Arnold v. Hawley
Supreme Court of Iowa
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
- Wegman v. . ChildsNew York Court of Appeals · 1869
- Taggart v. WoodSupreme Court of Iowa · 1866
- Dryden v. WyllisSupreme Court of Iowa · 1879
- Parsons v. NuttingSupreme Court of Iowa · 1877
- Gilman v. DonovanSupreme Court of Iowa · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State Insurance v. WaterhouseSupreme Court of Iowa · 1889
- Iowa Union Telephone Co. v. BoylanSupreme Court of Iowa · 1892
- State Ex Rel. Willys v. ChillingworthSupreme Court of Florida · 1936
- Leonard v. Capital InsuranceSupreme Court of Iowa · 1897
- Hawkeye Insurance v. HustonSupreme Court of Iowa · 1902
9 more not listed; retrieve them via the Exa API.