Crandall v. Trowbridge
Supreme Court of Iowa
Appeal from Clay District Court. — Hon. N. J. Lee, Judge. Action in equity to cancel notes given by the plaintiffs, one of which was for $1,200.00 and endorsed to defendant Swenson, the other for $2,500.00, endorsed by Swenson to Gillespie, and by him endorsed to the Peoples Savings Bank, of Spencer, Iowa. Defendants were not all served and there was no appearance for some of them. Defendant Swenson, who is the appellant, is a resident of Nebraska.
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Appeal from Clay District Court. — Hon. N. J. Lee, Judge. Action in equity to cancel notes given by the plaintiffs, one of which was for $1,200.00 and endorsed to defendant Swenson, the other for $2,500.00, endorsed by Swenson to Gillespie, and by him endorsed to the Peoples Savings Bank, of Spencer, Iowa. Defendants were not all served and there was no appearance for some of them. Defendant Swenson, who is the appellant, is a resident of Nebraska. Service of original notice was made upon him by the sheriff of Clay County on October 28, 1912, at Spencer, Iowa. He appeared specially for the…
1Opinion of the CourtPreston, J.
1. Process: service: fraud in securing: jurisdiction. With the merits of the controversy between plaintiffs and defendants, we have nothing to' do on this appeal. There has been no general appearance, or plea to, or trial upon the merits, except that the Savings Bank has filed an answer. The appearance by defendant Swenson was under Par. 4; Chap. 162, Acts of the Thirty-Fourth
General Assembly. The question is, whether plaintiffs practiced a fraud upon appellant, as alleged. It is almost entirely a question of fact. The fraud alleged is, that the presence of appellant in Clay County, Iowa, was…
2Cases cited15 opinions
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