Leonard v. Capital Insurance
Supreme Court of Iowa
Appeal from Taylor District Court. — Hon. W. H. Tedeord, Judge. Action at law to recover attorney’s fees upon an injunction bond given in a proceeding in 'which defendant was seeking to set aside and enjoin the collection of a judgment held by the plaintiff against it. A trial to the court resulted in a judgment for defendant, from which plaintiff appeals.
1Opinion of the CourtDeemer, J.
Appellant recovered a judgment against the appellee, the Capital Insurance Company, before a justice of the peace, in Taylor county. Thereafter, appellee commenced an action inequity to set aside, vacate and annul the judgment, on the ground that no original notice of the action had been served upou it. It also asked that the plaintiff therein be barred from claiming or asserting any right under said judgment, and that he, the justice of the peace, and the constable be enjoined and restrained from collecting or in any manner enforcing or attempting to enforce it. Appellee filed the bond upon…
2Cases cited11 opinions
- Behrens v. McKenzieSupreme Court of Iowa · 1867
- Langworthy v. McKelveySupreme Court of Iowa · 1868
- State Insurance v. WaterhouseSupreme Court of Iowa · 1889
- Arnold v. HawleySupreme Court of Iowa · 1885
- Thomas v. McDaneldSupreme Court of Iowa · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Kaufmann v. DrexelNebraska Supreme Court · 1898
- Ames v. ChirurgSupreme Court of Iowa · 1911
- Hawkeye Insurance v. HustonSupreme Court of Iowa · 1902
- Chicago, Anamosa & Northern Railway Co. v. WhitneySupreme Court of Iowa · 1909
- Iowa Savings & Loan Ass'n v. ChaseSupreme Court of Iowa · 1902
8 more not listed; retrieve them via the Exa API.