Farnsley v. Stillwell
Supreme Court of Iowa
Appeal from■ Dallas District Court. — ITon. J. H. Apple-gate, Judge. Action in equity to restrain the enforcement of and to cancel a judgment rendered by the district court of Dallas county on the eleventh day of October, 1878, on default, against Martin Boone, in favor of defendant Stillwell, for nine hundred and ninety-seven dollars and fifty-seven cents. Decree was rendered dismissing plaintiff’s petition, from which she appeals.
1Opinion of the CourtGiven, J.
I. The ground upon which the plaintiff asks relief is that no original notice of the pendency of the action wherein said judgment was rendered was ever served on Martin Boone, and this is the sole contention in the case. The evidence relied upon as showing that an original notice of the pendency of said action was served on Martin Boone is the entry in the judge’s calendar, the recital in the jiidgment, and the testimony of W. L. Heed, Esq. The entry in the judge’s calendar reads: “October 10, 1878. Default, and judgment for amount of note and interest. Clerk assess. And balance of account,…
2Cited by10 opinions
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- McWilliams v. RobertsonSupreme Court of Iowa · 1917
- Mosher v. McDonald & Co.Supreme Court of Iowa · 1905
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