Johnson v. Dodge
Supreme Court of Iowa
Appeal from Appanoose District Court. Attachment proceedings before justice: requisites OF ORIGINAL NOTICES, &C. : WRIT OF ERROR TO justice of peace. — The plaintiff, Johnson, duly commenced an action by attachment before a justice of the peace, against the defendant, Dodge. Judgment was rendered against the defendant by default.
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Appeal from Appanoose District Court. Attachment proceedings before justice: requisites OF ORIGINAL NOTICES, &C. : WRIT OF ERROR TO justice of peace. — The plaintiff, Johnson, duly commenced an action by attachment before a justice of the peace, against the defendant, Dodge. Judgment was rendered against the defendant by default. To reverse this judgment, the defendant sued out from the District Court a writ of error to the justice whose judgment was by that court affirmed, and the defendant now appeals to this court from.the judgment of affirmance rendered by the District Court.
1Opinion of the CourtDillon, J.
2 Jurasment' The questions made relate to the original and published notices of the action. Concurrently with filing of the petition, an original notice was issued by the justice, “returnable on the 26th day of April, A. D., 1864,” and stated further, “that unless you (the defendant) appear before me, a justice of the peace of Taylor township, Appanoose county, Iowa, and make defense, judgment will be rendered,” &c.
It will be perceived, that the notice, which was otherwise perfect, did not name the hour. It was duly returned by the constable “not found.” The writ of attachment properly named…
2Cases cited1 opinion
- Leonard v. HallemSupreme Court of Iowa · 1864
3Cited by2 opinions
- Ulber v. DunnSupreme Court of Iowa · 1909
- Taylor & Farley Organ Co. v. PlumbSupreme Court of Iowa · 1881