Brown v. Davis
Supreme Court of Iowa
Appeal from Polh Circuit Court. The plaintiff prays a writ of injunction to restrain the enforcement of a judgment, rendered by O. H. Turner, a justice of the peace of Des Moines township, Polk county, for three hundred dollars and costs, upon a note purporting to be executed by the plaintiff and J. M. Link, Hampton Horton and L. F. Nicholls, a transcript of which judgment was filed in the office of the clerk of the Circuit Court of said county.
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Appeal from Polh Circuit Court. The plaintiff prays a writ of injunction to restrain the enforcement of a judgment, rendered by O. H. Turner, a justice of the peace of Des Moines township, Polk county, for three hundred dollars and costs, upon a note purporting to be executed by the plaintiff and J. M. Link, Hampton Horton and L. F. Nicholls, a transcript of which judgment was filed in the office of the clerk of the Circuit Court of said county. The petition alleges that at the time of the rendition of said judgment all the defendants therein resided in the counties of Dallas and Madison, and…
1Opinion of the CourtDat, J.
The note upon which the judgment in question was recovered, omitting the signatures, is as follows:
“ No. 14972. $225. Dated, Des Moines, August 8,1877.
“On or before the first day of December, 1879, for value received, we or either of us, of De Soto postoffice, county of Dallas, State of Iowa, promise to pay to the Aultman & Taylor Company or order, two hundred and twenty-five dollars, payable and negotiable without offset at the office of Elliot & Randall, with interest at ten per cent per annum until paid; and if the whole or any part remains at maturity, ten per cent attorney’s fee to be…
2Cases cited4 opinions
- Pursley v. HayesSupreme Court of Iowa · 1867
- Church v. CrossmanSupreme Court of Iowa · 1878
- Galley v. County of TamaSupreme Court of Iowa · 1874
- Klingel v. PalmerSupreme Court of Iowa · 1875
3Cited by4 opinions
- Jonas v. WeiresSupreme Court of Iowa · 1907
- Little v. DevendorfSupreme Court of Iowa · 1899
- Herald Printing Co. v. WalshSupreme Court of Iowa · 1905
- Gilman v. WeiserSupreme Court of Iowa · 1908