De Tar v. Boone County
Supreme Court of Iowa
Appeal from, Boone District Court. Suit in equity to enjoin the collection of a judgment rendered in the Boone District Court on the 11th day of September, 1861, in favor of Boone county, for the use of the school fund, against David Hamilton and wife and Theodore De Tar, for $187.57 and costs. An execution was issued on said judgment January 24,1871, and placed in the sheriff’s hands.
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Appeal from, Boone District Court. Suit in equity to enjoin the collection of a judgment rendered in the Boone District Court on the 11th day of September, 1861, in favor of Boone county, for the use of the school fund, against David Hamilton and wife and Theodore De Tar, for $187.57 and costs. An execution was issued on said judgment January 24,1871, and placed in the sheriff’s hands. This action is brought against the county and the sheriff, and the right to enjoin is grounded on the averment of insufficient notice. There was a general demurrer to the petition, which was sustained by the…
1Opinion of the CourtCole, J.
The original notice which, it is not controverted, was duly and legally served upon the defendant in the action wherein the judgment here sought to be enjoined was rendered, was regular in all respects, except that it notified the defendants that, “ unless you appear and defend thereto, on or before noon of the second day of the next term of the district court of Boone county, your default will be entered,” etc. • The petition in this case shows the legal service and this defect. *490The demurrer is, because the petition does not state facts sufficient to constitute a cause of action, and states…
2Cases cited6 opinions
- Cooper v. SunderlandSupreme Court of Iowa · 1856
- Newcomb v. DeweySupreme Court of Iowa · 1869
- Des Moines Branch of the State Branch v. VanSupreme Court of Iowa · 1861
- Decatur County v. ClementsSupreme Court of Iowa · 1865
- Pratt v. Western Stage Co.Supreme Court of Iowa · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Griffith v. Milwaukee Harvester Co.Supreme Court of Iowa · 1894
- Day v. GoodwinSupreme Court of Iowa · 1898
- Webster v. Daniel & StrausSupreme Court of Arkansas · 1886
- Irions v. Keystone Manufacturing Co.Supreme Court of Iowa · 1883
- Swan v. McGowanSupreme Court of Iowa · 1930
1 more not listed; retrieve them via the Exa API.