Troxel v. Clarke
Supreme Court of Iowa
Appeal from Johnson District Court. This was a judgment by confession under chapter 107 of the.Code, made on the 15th of April, 1858, for the sum of $1,608,75, upon a note of the following purport: “Six months after date, for value received, we jointly and severally promise to pay to Joshua Troxel or order, eleven hundred and twenty-five dollars; and unless paid at maturity, as a penalty for such default, we, and each of us, agree to pay thereafter to said Troxel, interest…
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Appeal from Johnson District Court. This was a judgment by confession under chapter 107 of the.Code, made on the 15th of April, 1858, for the sum of $1,608,75, upon a note of the following purport: “Six months after date, for value received, we jointly and severally promise to pay to Joshua Troxel or order, eleven hundred and twenty-five dollars; and unless paid at maturity, as a penalty for such default, we, and each of us, agree to pay thereafter to said Troxel, interest on the above amount, at the rate of two and one half per cent per month. Dated Iowa. City, October 16th, 1856. John…
1Opinion of the CourtWoodward, J.
The appellant puts the question, — Is such a judgment legal and valid, and, can it be inquired into by this court ? That an appeal lies from a judgment by confession, has been determined by this c'ourt.
The defendant then contends,.that the judgment is erroneous in respect to the amount, as being in contravention of the act of the 20th of January, 1853. Stat. 1853, ch. 37, 67. No exception is taken to the manner or form of the proceeding. This is in conformity with the Code, (chap. 107,) a statement being filed, signed by the defendant, and verified by his oath, showing the facts from which…
2Cited by4 opinions
- Henry v. SansomCourt of Appeals of Texas · 1893
- State v. Jacksonville, Pensacola & Mobile RailroadSupreme Court of Florida · 1878
- Mullen v. RussellSupreme Court of Iowa · 1877
- Stoddard v. LloydSupreme Court of Iowa · 1890