Plummer v. Douglas & Watson
Supreme Court of Iowa
Appeal from Black Hawk District Court. The complainant confessed a judgment in favor of the respondents Douglas and Watson, before the clerk of the District Court of Benton county.
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Appeal from Black Hawk District Court. The complainant confessed a judgment in favor of the respondents Douglas and Watson, before the clerk of the District Court of Benton county. The statement of facts out of which the indebtedness arose is fully set forth in the opinion of this court in the case of Bernard & Co. v. Douglas & Watson, reported in 10 Iowa, p. 370. A transcript of this confessed judgment was filed with the clerk of the District Court of Black Hawk county, upon which an execution was issued and returned wholly unsatisfied. Upon the application of Douglas and Watson, supported…
1Opinion of the CourtBaldwin, C. J.
It was held by this court in the case of Bernard & Co. v. Douglas & Watson, 10 Iowa, 370, that the statement of facts upon which this judgment was confessed was defective, and the judgment thereon void, at least as to the rights of other creditors. The question now presented is, whether it is void as against the complainant, who was the defendant in the judgment confessed.
Judgments by confession are closely scrutinized, and their validity more frequently questioned than any other kind of legal proceedings. The design of the statute authorizing such judgments is altogether proper, but those…
2Cases cited6 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Vanfleet v. PhillipsSupreme Court of Iowa · 1861
- Edgar v. GreerSupreme Court of Iowa · 1858
- Bernard & Co. v. Douglas & WatsonSupreme Court of Iowa · 1860
- Churchill v. LyonSupreme Court of Iowa · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Sloane v. AndersonWisconsin Supreme Court · 1883
- Coolbaugh v. RoemerSupreme Court of Minnesota · 1883
- Burchett v. CasadySupreme Court of Iowa · 1865
- Kiene v. GmehleSupreme Court of Iowa · 1892
- Smith v. StateSupreme Court of Kansas · 1902
1 more not listed; retrieve them via the Exa API.