Leach v. Kohn
Supreme Court of Iowa
Appeal from Henry Hist/riab Oowrt. Suit in equity to enjoin a judgment recovered in the circuit court of Scott county by Kohn against Leach and one Heller. The injunction was granted. Afterward the defendants filed a demurrer to the petition, and also a motion to dissolve the injunction, both of which were sustained..
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Appeal from Henry Hist/riab Oowrt. Suit in equity to enjoin a judgment recovered in the circuit court of Scott county by Kohn against Leach and one Heller. The injunction was granted. Afterward the defendants filed a demurrer to the petition, and also a motion to dissolve the injunction, both of which were sustained.. The following matters appear by the averments of the petition, the exhibits, etc.: At the September term, 1871, an action was brought by Holm, the second indorsee, against Leach, as maker, and one Heller, as indorser, of a negotiable promissory note, in the circuit court of…
1Opinion of the CourtCole, J.
— Both the demurrer and the motion to dissolve were properly sustained. The plaintiff herein was duly notified of the action wherein the judgment was recovered. He appeared in it. He makes no satisfactory showing for his fail*146ure to file Ms answer, as per Ms agreement shown by the judgment record. Tbe circuit court had jurisdiction of the cause of action and of the parties, one of the defendants being a resident of Scott county. Fraud cannot be predicated upon the fact of bringing an action in a court having jurisdiction of the cause. If the suit was brought in the wrong county the venue might…
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