Edmonds v. Montgomery
Supreme Court of Iowa
Appeal from the -Polk District Court. This suit was determined at tbe March term, 1855, of tbe Polk District Court. Tbe plaintiff declared upon a judgment rendered in tbe Circuit Court of Shelby county, Indiana, in tbe year 1842, against said Montgomery & Sliaw, in favor of Joseph J. Boone, and which judgment, be avers, was assigned to him by one Kinsley, tbe administrator of said Boone, on tbe 9th day of November, 1850. Tbe judgment declared on, in substance, recites that…
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Appeal from the -Polk District Court. This suit was determined at tbe March term, 1855, of tbe Polk District Court. Tbe plaintiff declared upon a judgment rendered in tbe Circuit Court of Shelby county, Indiana, in tbe year 1842, against said Montgomery & Sliaw, in favor of Joseph J. Boone, and which judgment, be avers, was assigned to him by one Kinsley, tbe administrator of said Boone, on tbe 9th day of November, 1850. Tbe judgment declared on, in substance, recites that at tbe March term, 1842, of the said Sbelby Circuit Court, tbe said plaintiff (Boone) appeared by Maybew, bis attorney,…
1Opinion of the CourtWeight, C. J.
Tbe first and second instructions we will consider 'together, as they in substance contain tbe same proposition. Tbat proposition is, tbat plaintiff could not recover on tbe proof made, because tbe name of tbe attorney confessing tbe judgment did not appear on tbe record. No sufficient reason or authority has been urged at law, fox this ruling; neither, indeed, do we think there can be.
It will be observed tbat no objection is taken, tbat tbe court bad not jurisdiction of the subject matter. It is not claimed tbat defendants were not brought into‘court by tbe ordinary service of summons or…
2Cases cited3 opinions
- Shumway v. StillmanNew York Supreme Court · 1831
- Bridge v. JohnsonCourt for the Trial of Impeachments and Correction of Errors · 1830
- Ford v. StuartNew York Supreme Court · 1822
3Cited by6 opinions
- Broyles v. Iowa Department of Social ServicesSupreme Court of Iowa · 1981
- Charles v. HaskinsSupreme Court of Iowa · 1860
- Weire v. City of DavenportSupreme Court of Iowa · 1860
- Wagner v. Farmers Cooperative Elevator Co. (In re Wagner)District Court, N.D. Iowa · 1991
- Benson v. HaywoodSupreme Court of Iowa · 1892
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