Schultz v. Sylvester
Supreme Court of Iowa
Appeal from Floyd District Cou/rt. — C. H. Kelley, Judge. Upon a counterclaim filed by the two Sylvesters in a case brought against them by the appellant, Schultz, the Sylvesters obtained judgment against Schultz. Schultz claims to be the assignee of a judgment against appellee C. A. Sylvester, and thereunder attached the supposed interest of C. A. Sylvester in said joint judgment.
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Appeal from Floyd District Cou/rt. — C. H. Kelley, Judge. Upon a counterclaim filed by the two Sylvesters in a case brought against them by the appellant, Schultz, the Sylvesters obtained judgment against Schultz. Schultz claims to be the assignee of a judgment against appellee C. A. Sylvester, and thereunder attached the supposed interest of C. A. Sylvester in said joint judgment. The trial court declined to set oif the judgment owned by Schultz against said joint judgment against Schultz, and plaintiff appeals.
1Opinion of the CourtSalinger, J.
I. In a suit brought by appellant, Schultz, the appellees Sylvester, on March 31, 1913, amended a counterclaim interposed in said suit by August Sylvester, to the effect of pleading that all claims against Schultz were the joint property of both the Sylvesters. Prior to and up to the time of this amendment to pleadings, and before any suit was pending wherein to interpose'this counterclaim, one Vance obtained judgment against C. A. Sylvester, which is still unpaid. While said amended counterclaim was pending, and on January 5, 1914, Vance assigned his judgment to Schultz. Four days later, C.…
2Cases cited8 opinions
- Ballinger v. TarbellSupreme Court of Iowa · 1864
- Bell v. Perry & TownsendSupreme Court of Iowa · 1876
- DeLaval Separator Co. v. SharplessSupreme Court of Iowa · 1907
- Mornyer v. CooperSupreme Court of Iowa · 1872
- State National Bank v. North Western Union Packet Co.Supreme Court of Iowa · 1872
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3Cited by1 opinion
- Roe v. KingSupreme Court of Iowa · 1933