Littlejohn v. Bulles
Supreme Court of Iowa
Appeal from Floyd District Court.— Hon. J. B. Clyde, Judge. These two actions for partition of the same property involving the rights of the same parties with reference thereto were tried together in the district court, each being pleaded in the other by way of abatement as a prior action pending. The plea in abatement was sustained in the first action and overruled in the second.
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Appeal from Floyd District Court.— Hon. J. B. Clyde, Judge. These two actions for partition of the same property involving the rights of the same parties with reference thereto were tried together in the district court, each being pleaded in the other by way of abatement as a prior action pending. The plea in abatement was sustained in the first action and overruled in the second. Mary J. Littlejohn, who was plaintiff in the first action and one of the defendants in the second, appeals.
1Opinion of the CourtMcClain, J.
The first action was commenced by serving notice by publication, such manner of service being authorized by Code, section 3534, and the last publication was made on the 15th day of December, 1905. The petition was filed on the same day. But on the 7th day of December, 1905, the petition in the second case was filed, and notice thereof was personally served upon the defendants in the State of Wisconsin. By proper pleas in abatement, the contention was made in each case that the other was already pending, and the sole question for our determination is whether the completed service in the first…
2Cases cited3 opinions
- Hawley v. GriffinSupreme Court of Iowa · 1903
- Proska v. McCormickSupreme Court of Iowa · 1881
- Parkyn v. TravisSupreme Court of Iowa · 1879
3Cited by7 opinions
- Fell v. McCreadyAppellate Division of the Supreme Court of the State of New York · 1932
- Keller v. HarrisonSupreme Court of Iowa · 1908
- Boone v. BooneSupreme Court of Iowa · 1912
- Hueston v. Preferred Accident InsuranceSupreme Court of Iowa · 1918
- Slater v. RocheSupreme Court of Iowa · 1910
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