Legal Opinion

Smith Bros. v. Shaw

Supreme Court of Iowa

Decided October 23, 1878PublishedCited by 2 opinions

Appeal from Poweshiek District Court. On the 2d day of August, 1872, the plaintiffs filed their petition in the Poweshiek District Court, alleging that the defendant A. Shaw, with his own money, purchased certain real estate and caused it to be conveyed to his minor sons, O. E. and L. C. Shaw, for the purpose of hindering and delaying creditors, and praying that the minor defendants may be decreed as holding the legal title in trust for the defendant, A. Shaw.

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Appeal from Poweshiek District Court. On the 2d day of August, 1872, the plaintiffs filed their petition in the Poweshiek District Court, alleging that the defendant A. Shaw, with his own money, purchased certain real estate and caused it to be conveyed to his minor sons, O. E. and L. C. Shaw, for the purpose of hindering and delaying creditors, and praying that the minor defendants may be decreed as holding the legal title in trust for the defendant, A. Shaw. On the 10th day of August, 1872, the defendants were personally served with notice of this action in Republic county, Kansas, and the…

1Opinion of the CourtDay, J.

1. practice: filing of petition before notice. Appellants insist -that as the notice which was personally served stated that a petition would be on file on or before the first day of August, and the petition was not filed until the second day of August, the cause must be regarded as discontinued under this notice, and that the only notice of the pendency of the action is the one served by publication. See Code, § 2600 ; Hudson v. Blanfus, 22 Iowa, 323. But in this case the notice was not served until the 10th day of August, 1872, eight days after the petition was filed. . No possible…

2Cases cited1 opinion

  1. Hudson v. BlanfusSupreme Court of Iowa · 1867

3Cited by2 opinions

  1. Owens v. City of MarionSupreme Court of Iowa · 1905
  2. Oliver & Miller v. DavisSupreme Court of Iowa · 1890

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