Legal Opinion

Cooley v. Barker

Supreme Court of Iowa

Decided January 27, 1904PublishedCited by 10 opinions

Appeal from Pottawattamie District Court. — HoN. W. B. Greek, Judge. Suit in equity to restrain tbe levy of an execution and the enforcement of a judgment rendered by a justice of tbe peace of Pottawattamie county, Iowa, against a non-resident of that county, and afterwards transeripted to tbe district court of Pottawattamie county. The' trial court dismissed tbe petition at plaintiff’s cost, and be appeals.

1Opinion of the CourtDeemer, C. J.

Plaintiff is a resident of Olarke county, Iowa. In tbe year 1898 be gave an order for- lightning rods *441to an agent of Cole Bros., a co-partnership doing business at Council Bluffs, in Pottawattamie county. The rods were erected, and plaintiff refusing to pay therefor, an assignee of the contract brought action for the contract price before a justice of the peace in and for Pottawattamie county, and ex-, hibited an instrument which, on its face, made the contract price payable at Council Bluffs, Iowa. " A notice of the action, reciting that the contract was by its terms to be performed at…

2Cases cited6 opinions

  1. Manning v. PolingSupreme Court of Iowa · 1900
  2. Arnold v. HawleySupreme Court of Iowa · 1885
  3. Porter v. WelshSupreme Court of Iowa · 1902
  4. Henkle v. HolmesSupreme Court of Iowa · 1896
  5. Gregory v. Dr. J. W. S. Howell & Co.Supreme Court of Iowa · 1902

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3Cited by10 opinions

  1. State v. BrennerSupreme Court of Louisiana · 1986
  2. Sullivan ex rel. Orton v. KenneySupreme Court of Iowa · 1910
  3. Pickering v. PalmerNew Mexico Supreme Court · 1914
  4. Ashby v. ManleySupreme Court of Iowa · 1921
  5. Crawford v. ZiemanSupreme Court of Iowa · 1921

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