Johnson v. Jones
Nebraska Supreme Court
This was a petition in equity, filed in the District Court for Douglas County, to have a judgment declared void, and execution upon it enjoined. The record shows, that on the 6th of October, 1859, Jones commenced an action against Johnson in the District Court upon a promissory note for $943.40. The petition which he filed was not verified; but summons was issued to the sheriff, commanding him to summon Harrison Johnson.
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This was a petition in equity, filed in the District Court for Douglas County, to have a judgment declared void, and execution upon it enjoined. The record shows, that on the 6th of October, 1859, Jones commenced an action against Johnson in the District Court upon a promissory note for $943.40. The petition which he filed was not verified; but summons was issued to the sheriff, commanding him to summon Harrison Johnson. The officer returned it duly served on “the within-named H. Johnson.” The record of the judgment recites that Johnson did not appear, and that his default was taken. The…
1Opinion of the Court
Mason, Ch. J.
The plaintiff insists that he was not served with summons in the action brought against him by Jones ; and that, for that reason, he is not bound by the judgment rendered therein. The return to the writ shows a ser-~\ vice thereof upon “ the within-named H. Johnson.” It is conceded that the Johnson named in the writ was the plaintiff here. Had the return shown a service on “ the defendant named ” in the writ, or on the “ within-named Johnson,” there can be no doubt that it would have been good. Grovenor v. Henry, 27 Iowa, 269. No uncertainty is caused by the addition of the…
2Cases cited5 opinions
- Simms v. SlacumSupreme Court of the United States · 1806
- Trimble v. LongworthOhio Supreme Court · 1862
- Banks v. FowlerCourt of Appeals of Kentucky · 1823
- Grosvenor v. HenrySupreme Court of Iowa · 1869
- Morris v. GalbraithSupreme Court of Pennsylvania · 1839
3Cited by25 opinions
- Burns v. Superior CourtCalifornia Supreme Court · 1903
- Mastin v. GraySupreme Court of Kansas · 1878
- Smoot v. JuddSupreme Court of Missouri · 1904
- In Re Interest of LDNebraska Supreme Court · 1986
- Campbell Printing Press & Manufacturing Co. v. Marder, Luse & Co.Nebraska Supreme Court · 1897
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