Osborn v. Cloud
Supreme Court of Iowa
Appeal from PoVc, District Court. Jurisdiction over attached property : sale oe judgments on execution. — Osborn and Hubbell appeal from an order of the District Court setting aside, on defendant’s motion, the levy and sale of a certain judgment held by defendant Cloud against one McTighe.
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Appeal from PoVc, District Court. Jurisdiction over attached property : sale oe judgments on execution. — Osborn and Hubbell appeal from an order of the District Court setting aside, on defendant’s motion, the levy and sale of a certain judgment held by defendant Cloud against one McTighe. The facts necessary to make clear the points ruled, are these: Osborn commenced a suit by attachment in.the Polk District Court against Cloud, who was alleged to be, and was, a non-resident of Iowa, and a resident of North Carolina. Service was made by publication alone. A writ of attachment was issued…
1Opinion of the CourtDillon, J.
i. jueismcattached^ property. I. The service being by publication, and the levy on the McTighe judgment having been made after the return day of the writ, and after it had been actually returned into court, and after default had been entered, we concur in opinion with the learned judge below, that the court acquired no jurisdiction over the McTighe judgment, and the order subjecting it to sale was void, and the sale under such an order was also a nullity.
2 TOja “ purchaser • unnecessary. . II. This answers the objection of the appellant’s attorneys, that no sufficient tender to Ilubbell of…
2Cases cited1 opinion
- Burtis v. Cook & SargentSupreme Court of Iowa · 1864
3Cited by19 opinions
- Kaplan v. ColemanSupreme Court of Alabama · 1912
- Watson v. RichardsonSupreme Court of Iowa · 1899
- Seager v. FosterSupreme Court of Iowa · 1918
- Brenton Bros. v. DorrSupreme Court of Iowa · 1931
- McLaughlin v. AlexanderSouth Dakota Supreme Court · 1891
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