McClure v. Owens
Supreme Court of Iowa
Appeal from Washington District Court. Practice: decisions in vacation, &c. — Bill for injunction. Answer by a portion of the defendants denying many of the matters set up in the petition. Decree as prayed, and a portion of the defendants appeal.
1Opinion of the Court
Dillon, J.—
The decree in this cause must be reversed, for two reasons:
i. decree: parties. 2_entry m vacation. 1st. It is against the board of supervisors, and they are not party defendants in the original petition, nor are they made defendants by a supplemental petition or order of court. 2d. The bill of exceptions recites, and it is made affirmatively to appear that, wn]lout ¿/le consent or agreement of the defendants who had answered, the cause was decided in vacation, and a decree in vacation adverse to them entered. This was error. Townsley v. Morehead, 9 Iowa, 565.
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2Cases cited2 opinions
- Briscoe and Others v. the Commonwealth's Bk. of KentuckySupreme Court of the United States · 1834
- Townsley v. MoreheadSupreme Court of Iowa · 1859
3Cited by6 opinions
- Eldridge v. KuehlSupreme Court of Iowa · 1869
- Bismarck Water Supply Co. v. BarnesNorth Dakota Supreme Court · 1915
- Frost v. FlickSupreme Court Of The Territory Of Dakota · 1875
- Second Nat. Bank of Titusville v. CaldwellDistrict Court, W.D. Pennsylvania · 1882
- Quiñones v. CastellóSupreme Court of Puerto Rico · 1910
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