Simmons v. Dolan
Supreme Court of Iowa
Appeal from, Lee District Gourt. — Hon. Henry Bank, Jr., Judge. Suit in equity to set aside a judgment obtained by defendant against tbe plaintiff béfore a justice of tbe peace of Lee County, Iowa, upon tbe ground that tbe justice bad no jurisdiction of plaintiff herein. Defendant filed a general denial, also pleaded a former adjudication, and interposed a plea in abatement based upon another action pending. The trial court set aside tbe judgment, and defendant appeals. —
1Opinion of the Court
Deemer, J. —
Tbe action which resulted in tbe judgment which plaintiff seeks to have cancelled and set aside was commenced before a justice of tbe peace in May of tbe year 1905, and it was continued from time to time down to some time in August, when it was continued indefinitely. It is claimed, and tbe justice’s docket shows, that some time in tbe latter part of August tbe cause *179was continued until August 28, 1905, by agreement of the parties. On the last-named date plaintiff in the action appeared, but defendant therein did not, and judgment was rendered against him by. default. It is this…
2Cases cited11 opinions
- Balm v. NunnSupreme Court of Iowa · 1884
- Hogle v. SmithSupreme Court of Iowa · 1907
- Dewey v. PeckSupreme Court of Iowa · 1871
- Guinn v. ElliottSupreme Court of Iowa · 1904
- Bedwell v. GephartSupreme Court of Iowa · 1885
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Dolan v. SammonsSupreme Court of Iowa · 1910
- W. A. Jordan Co. v. Sperry Bros.Supreme Court of Iowa · 1909