Milne v. Van Buskirk
Supreme Court of Iowa
Appeal from Polk District Court. Plaintiff sues upon a judgment rendered in 1854 by tlie Court of Common Pleas of Hamilton County, Ohio.
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Appeal from Polk District Court. Plaintiff sues upon a judgment rendered in 1854 by tlie Court of Common Pleas of Hamilton County, Ohio. Defendant answered: First, that said judgment was void, because rendered while he was a minor, upon a contract not made for necessaries: that he did not appear and defend said suit by guardian, but by attorney whom he had no power to appoint; that said court therefore acquired no jurisdiction over his person or property, and that upon arriving at his majority he disavowed the said judgment, the contract upon which i't was founded, and the appointment of said…
1Opinion of the CourtWright, C. J.
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The demurrer was properly sustained. Defendants remedy was by'writ of error coram nobis or other similar process in the court where the judgment was rendered. If there was an error in fact in-permitting defendant to appear by attorney, when a minor, it was an irregularity, and as such no more affected the validity of the judgment, than if it had been an error in law. In either case, the error whether of law or fact, does not render a judgment void; but a party may have his remedy in the state where the judgment was rendered either in the same or in an appellate tribunal. The defence cannot…
2Cases cited1 opinion
- Monell v. LawrenceCourt for the Trial of Impeachments and Correction of Errors · 1815
3Cited by11 opinions
- Coffey v. GambleSupreme Court of Iowa · 1902
- Rogers v. GwinnSupreme Court of Iowa · 1866
- Bartel v. HobsonSupreme Court of Iowa · 1899
- Gibbons v. BeltSupreme Court of Iowa · 1948
- Fulliam v. DrakeSupreme Court of Iowa · 1898
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