Parsons v. Nutting
Supreme Court of Iowa
Appeal from Decatur Circuit Court. Ti-ie petition states that in August, 1874, the defendant recovered judgment against the plaintiff for $166, and that said judgment is void for want of jurisdiction; that no notice of the pendency of the action was ever served on plaintiff, nor was there an authorized appearance in said action for him; that E. "W. Curry, the attorney who claims to have appeared, in said action for plaintiff, is insolvent and. was so at the time of his…
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Appeal from Decatur Circuit Court. Ti-ie petition states that in August, 1874, the defendant recovered judgment against the plaintiff for $166, and that said judgment is void for want of jurisdiction; that no notice of the pendency of the action was ever served on plaintiff, nor was there an authorized appearance in said action for him; that E. "W. Curry, the attorney who claims to have appeared, in said action for plaintiff, is insolvent and. was so at the time of his appearance; and that said judgment was obtained by fraud and collusion of the attorney for defendant and said E. "W. Curry;…
1Opinion of the CourtSeevers, J.
x. judgment: risdietion.""1 As the indebtedness upon which the judgment was rendered is admitted and no tender or offer to pay such amount is averred, the question is presented whether the relief asked should, in a court of equity, be granted. It is claimed the judgment is oppressive in so far as the unnecessary costs are concerned. The petition, however, seeks to enjoin the collection of the whole judgment, 'and counsel for the plaintiff, in his argument, insists that he is entitled to such relief, aud does not, even by the way of suggestion, concede that he is entitled to or will accept…
2Cases cited3 opinions
- Taggart v. WoodSupreme Court of Iowa · 1866
- Bryant v. WilliamsSupreme Court of Iowa · 1866
- Crawford v. WhiteSupreme Court of Iowa · 1864
3Cited by11 opinions
- Kagy v. Independent DistrictSupreme Court of Iowa · 1902
- San Juan & St. Louis Mining & Smelting Co. v. FinchSupreme Court of Colorado · 1882
- Handley v. JacksonOregon Supreme Court · 1897
- Arnold v. HawleySupreme Court of Iowa · 1885
- Henkle v. HolmesSupreme Court of Iowa · 1896
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