Legal Opinion

Death v. Bank of Pittsburg

Supreme Court of Iowa

Decided December 15, 1855PublishedCited by 1 opinion

Appeal from the Lee District Court. In 1848, the Bank of Pittsburg, being a foreign corporation, obtained a judgment in the Lee District Court, against the complainants in this bill. Execution issued on this judgment, and certain lands were sold thereon to Grimes & Starr, the attorneys of the bank. Before the sale, however, the complainants obtained an injunction to restrain the bank, her agents and attorneys, from collecting some $578.00 of said judgment.

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Appeal from the Lee District Court. In 1848, the Bank of Pittsburg, being a foreign corporation, obtained a judgment in the Lee District Court, against the complainants in this bill. Execution issued on this judgment, and certain lands were sold thereon to Grimes & Starr, the attorneys of the bank. Before the sale, however, the complainants obtained an injunction to restrain the bank, her agents and attorneys, from collecting some $578.00 of said judgment. Notwithstanding this, the said lands were bought in for an amount sufficient to satisfy the judgment. The writ of injunction, which also…

1Opinion of the CourtWright, C. J.

The question raised by the demurrer, and presented by the argument, for our determination, is this: Was the service upon Grimes, one of the attorneys of the bank, in procuring and collecting her judgment, sufficient to give the court jurisdiction of the person in the first injunction proceedings, so as to authorize the rendition of the decree, and to conclude the parties thereto ?

In favor of the answer, it is claimed, that the duties of the attorney ceased so soon as the judgment had been obtained; *384and that after that time, Grimes no longer occupied that relation to the bank; and we are…

2Cases cited1 opinion

  1. Hitner v. SuckleyU.S. Circuit Court for the District of Pennsylvania · 1810

3Cited by1 opinion

  1. King v. Iowa Midland R. R.Supreme Court of Iowa · 1872

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