Gerrish v. Hunt
Supreme Court of Iowa
Appeal from firm Circuit Court. Action in chancery to set aside and declare void a judgment recovered by defendant Hunt against plaintiff, and to restrain the enforcement of an execution issued thereon. A demurrer to the petition was sustained, and, plaintiff declining to amend, it was dismissed. He now appeals to this court.
1Opinion of the Court
Reck, Ch. J.
X. JUDGMENT without notice: action to set aside and to enjoin execution: petition and demurrer. I. The petition alleges that in 1870 defendant Hunt recovered a judgment against plaintiff and another, and that plaintiff was not served with notice of any character, and had' no knowledge of the existence of the judgment until after the execution was issued which he seeks to enjoin, and that he has a good defense to the cause of action *683on which the judgment was rendered, in that it is barred by the statute of limitations. The petition does not admit indebtedness to the defendant, or…
2Cited by10 opinions
- Wilson v. ShipmanNebraska Supreme Court · 1892
- Iowa Union Telephone Co. v. BoylanSupreme Court of Iowa · 1892
- Hawkeye Insurance v. HustonSupreme Court of Iowa · 1902
- Jamison v. WeaverSupreme Court of Iowa · 1892
- Henkle v. HolmesSupreme Court of Iowa · 1896
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