Legal Opinion

Mosher v. McDonald & Co.

Supreme Court of Iowa

Decided March 15, 1905PublishedCited by 6 opinions

Appeal from Polk District Court.— Hon. James A. Howe, Judge. Action to restrain the enforcement of a judgment. Decree for plaintiff, and defendant C. F. France appeals.

1Opinion of the CourtMcClain, J.

-In 1875 a judgment was rendered by-default, in tbe district court of Polk county, in favor of McDonald & Co. against Lemuel Mosber (or L. L. Mosber, as be is named in these proceedings), on a promissory note *69for $300, with interest and costs. In 1892 . defendant France made some effort to induce Mosher to pay this judgment, but, failing, he caused execution to issue, claiming to be the owner under assignment from the trustees of McDonald & Co., who had become insolvent. In 1893 L. L. Mosher brought action against McDonald & Co., by publication, to restrain the enforcement of the judgment, on…

2Cases cited5 opinions

  1. Ketchum v. WhiteSupreme Court of Iowa · 1887
  2. Wyland v. FrostSupreme Court of Iowa · 1888
  3. Farnsley v. StillwellSupreme Court of Iowa · 1899
  4. Shehan v. StuartSupreme Court of Iowa · 1902
  5. Squires v. JeffreySupreme Court of Iowa · 1897

3Cited by6 opinions

  1. Bowden v. HadleySupreme Court of Iowa · 1908
  2. Pyle v. StoneSupreme Court of Iowa · 1919
  3. McWilliams v. RobertsonSupreme Court of Iowa · 1917
  4. Des Moines Coal & Coke Co. v. Marks Investment Co.Supreme Court of Iowa · 1923
  5. Putnam v. BussingSupreme Court of Iowa · 1936

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