Bank of Stratton v. Dixon
Supreme Court of Iowa
Appeal from Jasper District Court. — Hon. A. it. Dewey, Judge. The plaintiff brought this action upon a judgment of the district court of the state of Nebraska. Defendant made default, and judgment was rendered against him. Thereafter, by petition, he set up that he had been prevented by unavoidable casualty and misfortune from appearing and making defense, and prayed that the default and judgment be set aside.
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Appeal from Jasper District Court. — Hon. A. it. Dewey, Judge. The plaintiff brought this action upon a judgment of the district court of the state of Nebraska. Defendant made default, and judgment was rendered against him. Thereafter, by petition, he set up that he had been prevented by unavoidable casualty and misfortune from appearing and making defense, and prayed that the default and judgment be set aside. Later, an amendment was made to the petition, and to the pleading, as amended, a demurrer was filed by plaintiff. The court overruled the demurrer, and, after a hearing, set aside the…
1Opinion of the CourtWaterman, J.
— The judgment upon which plaintiff’s action is based was rendered by the district court of Chase county, Neb., and the transcript thereof, which is attached to the petition in this case, discloses that jurisdiction was taken by that court upon the following return of service: “I hereby certify that on the 17th day of July 1893, I served the within writ of summons on the within-named S. Dixon, by leaving for him at his usual place of residence, in Douglas county, Nebraska, a true and duly certified copy thereof, with all indorse-ments thereon, as required by law. George A. Bennett, Sheriff…
2Cases cited6 opinions
- Lee v. PercivalSupreme Court of Iowa · 1892
- J. T. Mathews & Co. v. Dubuque Mattress Co.Supreme Court of Iowa · 1893
- Dryden v. WyllisSupreme Court of Iowa · 1879
- State Ins. v. GrangerSupreme Court of Iowa · 1883
- Gerrish v. HuntSupreme Court of Iowa · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Reints v. EngleSupreme Court of Iowa · 1906
- Beardsley v. ClarkSupreme Court of Iowa · 1940
- Culbertson v. Salinger & BrighamSupreme Court of Iowa · 1903
- Uehlein v. BurkSupreme Court of Iowa · 1903
- Bank of Stratton v. DixonSupreme Court of Iowa · 1900