Wilsey v. Maynard
Supreme Court of Iowa
Appeal from, Monona District Court. Maynard brought bis action against Wilsey in tbe Monona District Court, claiming three thousand dollars damages, and recovered eight hundred for the seduction of his daughter. The notice was drawn and signed prior to the 1st of June, and placed in the sheriff’s hands, June 16, 1863, and served the next day. At this time there was no revenue stamp upon it, but one was affixed at the September Term, and duly canceled.
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Appeal from, Monona District Court. Maynard brought bis action against Wilsey in tbe Monona District Court, claiming three thousand dollars damages, and recovered eight hundred for the seduction of his daughter. The notice was drawn and signed prior to the 1st of June, and placed in the sheriff’s hands, June 16, 1863, and served the next day. At this time there was no revenue stamp upon it, but one was affixed at the September Term, and duly canceled. The defendant appeared by attorneys and filed affidavits showing the absence of such stamp, and asked that the sheriff be allowed to amend his…
1Opinion of the CourtWright, J.
1. jubsMENTÍ injunction.
2. apptcakANC2¿: 4 stamp.
*1113. JUDG“tttoSto6' cancel. *110This bill was very properly dismissed. Plaintiff knew of the defect of which he now complains, at the time the original action was pending, and , p - . . _ X Paving railed to rely upon it, he cannot, after judgment, be heard in equity, to contest on this ground, the validity of the judgment. Concede that there was no power to validate the original notice, by allowing the cancellation of the stamp at the time stated, yet it must be remembered that the cause was continued, and that no judgment was taken until more than a…
2Cited by2 opinions
- Moffitt v. Chicago Chronicle Co.Supreme Court of Iowa · 1899
- Rahn v. GreerSupreme Court of Iowa · 1873