Wyland v. Frost
Supreme Court of Iowa
Appeal from Shelby District Court. —Hon. A. B. Thornell, Judge. This is an action in equity by wMcli the plaintiff seeks to set aside a judgment at law against her on the ground that the justice of the peace who rendered the judgment had no jurisdiction of the plaintiff, because she was not at any time served with an original notice of the action. There was a decree dismissing the plaintiff 5 s petition, and she appeals.
1Opinion of the CourtBothrock, J.
— The record of the action upon which the judgment was rendered is complete and in due form. *210It is true that counsel for appellant claim that the judgment is void because it was entered by default, and that no appearance was made for the plaintiff for more than an hour after the time named in the notice. This objection cannot be considered, because no such claim is made in the petition; and for aught that appears the first allusion to it is made in argument in this court.
The issue which was tried in the court below was that the return of the constable who served the original notice was false.…
2Cases cited5 opinions
- Slayton v. Inhabitants of ChesterMassachusetts Supreme Judicial Court · 1808
- Jensen v. CrevierSupreme Court of Minnesota · 1885
- White River Bank v. DownerSupreme Court of Vermont · 1857
- Bott v. BurnellMassachusetts Supreme Judicial Court · 1812
- Starkweather v. MorganSupreme Court of Kansas · 1875
3Cited by17 opinions
- Hoitt v. SkinnerSupreme Court of Iowa · 1896
- Connell v. GalligherNebraska Supreme Court · 1893
- Chader v. WilkinsSupreme Court of Iowa · 1939
- De Lair v. De LairNebraska Supreme Court · 1946
- David Bradley Manufacturing Co. v. BurrhusSupreme Court of Iowa · 1907
12 more not listed; retrieve them via the Exa API.