Taggart v. Wood
Supreme Court of Iowa
Appeal from Benton Distri£t Court. Petition in equity to restrain the collection of a judgment against plaintiffs in favor of the defendant, Crull, rendered by a justice of the peace, January 17, 1865. The ground of relief is, that Crull had no valid debt against them; that they were not served with notice; made no appearance; were not residents of the county; that there was a fraudulent purpose and combination in procuring a pretended service, and in the rendition of said…
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Appeal from Benton Distri£t Court. Petition in equity to restrain the collection of a judgment against plaintiffs in favor of the defendant, Crull, rendered by a justice of the peace, January 17, 1865. The ground of relief is, that Crull had no valid debt against them; that they were not served with notice; made no appearance; were not residents of the county; that there was a fraudulent purpose and combination in procuring a pretended service, and in the rendition of said judgment.; and that it is unjust and inequitable to enforce the collection of the same. Defendants answer, denying all…
1Opinion of the CourtWright, J.
i. judg“unction”' From the testimony, our opinion is, that plaintiffs at the time of commencing the action before the justice, were residents of the county of Black - hawk and not of Benton, where said judgment was rendered. The record shows, however, that the officer made return in due form of service upon a member of the family of said plaintiff within the jurisdiction of the justice. It also appears that an attachment was issued and duly served by attaching certain property belonging to said plaintiffs. The judgment was personal and not alone against the property attached. The execution…
2Cases cited1 opinion
- Crawford v. WhiteSupreme Court of Iowa · 1864
3Cited by20 opinions
- State v. HillSupreme Court of Arkansas · 1887
- Colson v. LeitchIllinois Supreme Court · 1884
- Massachusetts Benefit Life Ass'n v. LohmillerCourt of Appeals for the Seventh Circuit · 1896
- Cromelin v. McCauleySupreme Court of Alabama · 1880
- Masterson v. AshcomTexas Supreme Court · 1881
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