Legal Opinion

Case v. Plato

Supreme Court of Iowa

Decided June 15, 1880PublishedCited by 30 opinions

Appeal from Winneshiek Gi/reuit Oov/rt. On the 6th day of August, 1874, George M. Carson executed to the defendant Plato a mortgage upon certain premises in controversy to secure the sum of $1,000, with interest at ten per cent. In October, 1876, judgment was rendered in favor of Plato against Oarson for $1,106.38, and costs, and an attorney’s foe, and for a foreclosure of the mortgage.

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Appeal from Winneshiek Gi/reuit Oov/rt. On the 6th day of August, 1874, George M. Carson executed to the defendant Plato a mortgage upon certain premises in controversy to secure the sum of $1,000, with interest at ten per cent. In October, 1876, judgment was rendered in favor of Plato against Oarson for $1,106.38, and costs, and an attorney’s foe, and for a foreclosure of the mortgage. The property was sold on special execution, and Plato became the purchaser for $1,246.60. On tbe>8tli of August, 1877, Plato assigned his certificate of jrarchase to the plaintiff for $1,336.64, and on the 9th…

1Opinion of the CourtDay, J.

i. judgment: evidence of: court records, The judgment record in the case of Warder,

Mitchell & Co. v. George M. Carson is as follows: “And now, on the 17th day of April, 1872, this cause ^ comes on for a hearing; the plaintiff appears by G. W. Patterson, Esq., his attorney, but defendant, although duly and personally • served with notice of suit, as by law required, comes not, and herein makes default. It is, therefore, adjudged that the plaintiff do recover of defendant herein,-damages, with interest at the rate of-per cent per annum, and $4.95 dollars, costs of suit, and that execution issue…

2Cited by30 opinions

  1. Kennedy v. Citizens' National BankSupreme Court of Iowa · 1903
  2. Callanan v. VotrubaSupreme Court of Iowa · 1898
  3. Moore v. McKinleySupreme Court of Iowa · 1882
  4. Jones v. McClaughrySupreme Court of Iowa · 1915
  5. Balm v. NunnSupreme Court of Iowa · 1884

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