Legal Opinion

Mintle v. Sylvester

Supreme Court of Iowa

Decided March 4, 1924PublishedCited by 11 opinions

Appeal from Jasper District Court. — D. W. HamiltoN, Judge. Action in equity, to vacate a judgment and decree, upon tbe ground that no service of tbe original notice bad been made on tbe defendant therein. From a decree as prayed, defendants appeal. —

1Opinion of the CourtVermilioN, J.

Tbis is an action to set aside a decree entered against tbe plaintiff herein, in an action to quiet title wherein be was defendant, and tbe defendants herein were plaintiffs. Tbe court below vacated tbe decree, on the ground that there was no such service of tbe original notice in tbe former ■ action as to give tbe court jurisdiction. Tbe correctness of tbis ruling is tbe ultimate question presented, although there is necessarily also involved tbe refusal of tbe court to permit tbe return of tbe original notice to be amended.

Tbe land involved in tbe action to quiet title is in Jasper County,…

2Cases cited15 opinions

  1. O'Brien v. GaslinNebraska Supreme Court · 1886
  2. Wade v. WadeOregon Supreme Court · 1918
  3. Leland v. HeibergSupreme Court of Minnesota · 1923
  4. Lovin v. HicksSupreme Court of Minnesota · 1911
  5. David Bradley Manufacturing Co. v. BurrhusSupreme Court of Iowa · 1907

10 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Mintle v. SylvesterSupreme Court of Iowa · 1926
  2. State Furniture Co. v. AbramsNebraska Supreme Court · 1945
  3. Boyer v. BroadwaterSupreme Court of Iowa · 1969
  4. Coster v. JensenSupreme Court of Iowa · 1934
  5. Gray v. LukowskiSupreme Court of Iowa · 1976

6 more not listed; retrieve them via the Exa API.

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