Legal Opinion

Taylor, Shipton & Co. v. Runyan

Supreme Court of Iowa

Decided December 15, 1856PublishedCited by 10 opinions

Appeal from the Jefferson District Court. Plaintiffs declare upon a judgment rendered in the Court of Common Pleas of Eayette county, Pennsylvania. To the declaration is attached what purports to be a transcript of the judgment, the material facts of which are as follows : On the 21st of May, 1838, plaintiffs filed their precipe and statement, claiming of defendants the sum of $153.96, in an action of debt on a sealed note.

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Appeal from the Jefferson District Court. Plaintiffs declare upon a judgment rendered in the Court of Common Pleas of Eayette county, Pennsylvania. To the declaration is attached what purports to be a transcript of the judgment, the material facts of which are as follows : On the 21st of May, 1838, plaintiffs filed their precipe and statement, claiming of defendants the sum of $153.96, in an action of debt on a sealed note. On the 21st of June, 1838, summons issued, returnable “ on the first Monday of June nest,” which was returned with the following indorsement, “ Summoned by copy of the…

1Opinion of the Court

Wright, G. J.

We think the first point in the demurrer, is not well taken. A very similar question was before this court, in the cases of Latterett v. Cook, 1 Iowa, 1, and of Hart v. Cummins, 1 Ib. 564. The evidence of personal .service in this case, is more full than in either of those, and while there are some discrepancies in dates, they are at most but irregularities, into which an appellate court in Pennsylvania might inquire, but for which this court would .not hold ■the judgment, if one has been rendered, invalid.

The second question has not been before this court, and is of more…

2Cases cited3 opinions

  1. Reeside v. WalkerSupreme Court of the United States · 1851
  2. Latterett v. CookSupreme Court of Iowa · 1855
  3. Slicer Ex Rel. Slicer v. Bank of PittsburgSupreme Court of the United States · 1854

3Cited by10 opinions

  1. Callanan v. VotrubaSupreme Court of Iowa · 1898
  2. Fred Miller Brewing Co. v. Capital InsuranceSupreme Court of Iowa · 1900
  3. Cowles v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
  4. State v. AlversonSupreme Court of Iowa · 1898
  5. Melhop v. Doane & Co.Supreme Court of Iowa · 1871

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