Dougherty v. McManus
Supreme Court of Iowa
Appeal from Qerro Gordo District Oou/rt. The plaintiff filed Ms petition for an injunction restraining R. S. McManus, as plaintiff in justices’ court, from proceeding to collect a certain judgment, and enjoining Patrick Moran as constable from making any levy or sale under an execution issued for tbe enforcement of tbe judgment.
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Appeal from Qerro Gordo District Oou/rt. The plaintiff filed Ms petition for an injunction restraining R. S. McManus, as plaintiff in justices’ court, from proceeding to collect a certain judgment, and enjoining Patrick Moran as constable from making any levy or sale under an execution issued for tbe enforcement of tbe judgment. Tbe petition alleges that tbe judgment was entered by default in tbe justices’ court, upon a notice as follows : “ Daniel Dougherty, Treaswrer.— You are hereby notified that R. McManus, president of board of sub-directors, claims of you the sum of twenty-eight dollars…
1Opinion of the CourtDay, J.
— It is not questioned that this notice was properly served; but it is insisted that the notice itself is not sufficient to confer jurisdiction and that the judgment rendered upon it is void.
It is claimed that the notice is defective in three particulars:
First. — That it is uncertain as to plaintiff, in that it does not state of what board of sub-directors R. McManus, the plaintiff, is president.
Second. — That it is uncertain as to defendant, in that it does not state of what the defendant, Daniel Dougherty, is treasurer.
Third. — That it does not state the cause or ground of the claim of $28.…
2Cases cited1 opinion
- Shea v. QuintinSupreme Court of Iowa · 1870
3Cited by7 opinions
- Griffith v. Milwaukee Harvester Co.Supreme Court of Iowa · 1894
- Bunce v. BunceSupreme Court of Iowa · 1882
- Woodbury v. MaguireSupreme Court of Iowa · 1876
- Shuver v. KlinkenbergSupreme Court of Iowa · 1885
- Tyler v. LangworthySupreme Court of Iowa · 1873
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