Raher v. Raher
Supreme Court of Iowa
Appeal from Iowa District Court. — Hon. B. P. Howell, Judge. Action in equity to set aside a judgment rendered in a proceeeding instituted by the defendant, Edward Raher, to have this plaintiff adjudged to be of unsound mind and to have a guardian appointed for him. In such proceeding there was a judgment in favor of the plaintiff therein, and defendant E. W. Mullin was appointed guardian. The lower court refused to set aside the judgment, and plaintiff appeals.
1Dissent
DeemeRj J.
(dissenting). — This case is so important in its results that, while I am not prepared to dissent from the final conclusion in so far as this particular case is concerned, I am very doubtful about the argument used in support of the opinion and fearful of the results which may follow. The majority hold that in no case can an absent defendant be brought into court and personal judgment rendered against him, no-matter what his residence or domicile. Again, the majority hold, as I understand it, that an original notice under our practice is in the nature of -process, and that it is of…
2Cases cited43 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- St. Clair v. CoxSupreme Court of the United States · 1882
- The Lafayette Ins. Co. v. FRENCHSupreme Court of the United States · 1856
- Goldey v. Morning NewsSupreme Court of the United States · 1895
- Hunt v. . HuntNew York Court of Appeals · 1878
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