Mudge v. Livermore
Supreme Court of Iowa
Appeal from Polk District Court. — How. W. H. McHenry, Judge. Tiie amended petition alleges that Emerson & Co. recovered judgment in tbe district court of Lucas county against defendant for $128.70, with, interest and costs, on March 21, 1876, and on September 24, 1907, assigned the same to the plaintiff; that shortly after the entry of said judgment defendant left the state, and has not since resided therein; that a transcript of said judgment had been filed in the office…
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Appeal from Polk District Court. — How. W. H. McHenry, Judge. Tiie amended petition alleges that Emerson & Co. recovered judgment in tbe district court of Lucas county against defendant for $128.70, with, interest and costs, on March 21, 1876, and on September 24, 1907, assigned the same to the plaintiff; that shortly after the entry of said judgment defendant left the state, and has not since resided therein; that a transcript of said judgment had been filed in the office of the clerk of the district court of Polk county, but the clerk thereof had refused to issue execution thereon j that…
1Opinion of the CourtLadd, J.
Section 3955 of the Code declares that “execution may issue at any time before a judgment is barred by the statute of limitations,” and section 3447 that “actions founded on a judgment of a court of record” may be brought within twenty years, but “the time during which a defendant is a nonresident of -the state shall not be included in computing.” Section 3451, Code. The lapse of time, then, since the rendition of judgment in 1876, interposed no impediment to the issuance of execution, for defendant had been a nonresident of the state all the time. Nor had execution been refused by any…
2Cases cited13 opinions
- Denegre v. HaunSupreme Court of Iowa · 1862
- Albee v. CurtisSupreme Court of Iowa · 1889
- Thomas v. Farley Manufacturing Co.Supreme Court of Iowa · 1888
- Riddle v. BeattieSupreme Court of Iowa · 1889
- Hansen's Empire Fur Factory v. TeaboutSupreme Court of Iowa · 1898
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3Cited by4 opinions
- Walters v. WaltersSupreme Court of Iowa · 1942
- Chader v. WilkinsSupreme Court of Iowa · 1939
- Howard v. National French Draft Horse Ass'nSupreme Court of Iowa · 1915
- Garnett v. GoldmanSupreme Court of Oklahoma · 1913