Des Moines Coal & Coke Co. v. Marks Investment Co.
Supreme Court of Iowa
Appeal from Polk District Court. — James C. Hume, Judge. Suit in equity, to set aside a purported judgment at law, entered against tbe plaintiffs herein at the suit of the defendant herein. The ground of relief alleged is that no notice of suit was served on either of the plaintiffs herein (being the defendants therein), and that the court was, therefore, without jurisdiction to enter such judgment.
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Appeal from Polk District Court. — James C. Hume, Judge. Suit in equity, to set aside a purported judgment at law, entered against tbe plaintiffs herein at the suit of the defendant herein. The ground of relief alleged is that no notice of suit was served on either of the plaintiffs herein (being the defendants therein), and that the court was, therefore, without jurisdiction to enter such judgment. Decree was. entered, setting aside the judgment and awarding to the defendant a recovery against the plaintiffs of $109.67, as for money due at the time the judgmentat law was entered. The…
1Opinion of the CourtEvans, J.
The action at law in which the judgment complained of was entered, purported to have been begun on February 17, 1920. The return of the sheriff upon the original notice purported to show due service of the same on the same date upon A. L. Clinite, as president of the Des Moines Coal & Coke Company, and upon Samuel Blount, as vice president of the Blount-Evans Coal Mining Company. It is the contention of' the plaintiffs that this was a false return, and that no notice was, in fact, ever served upon either of said persons. On April 5, *5901920, the defendants in said law action were adjudged in…
2Cases cited6 opinions
- Ketchum v. WhiteSupreme Court of Iowa · 1887
- Wyland v. FrostSupreme Court of Iowa · 1888
- Farnsley v. StillwellSupreme Court of Iowa · 1899
- Pyle v. StoneSupreme Court of Iowa · 1919
- McWilliams v. RobertsonSupreme Court of Iowa · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Stier v. Iowa State Traveling Men's Ass'nSupreme Court of Iowa · 1924
- Heater v. BaganSupreme Court of Iowa · 1928