Bennett v. Hanchett
Supreme Court of Iowa
Appeal from Bremer District Court. The petition of plaintiff in substance alleges that at the June Term, 1858, of the Mitchell District Court, the defendant, G. B. Mayfield, recovered judgment against plaintiff, a nonresident, through service by publication and attachment of certain property, for nine hundred and twenty-nine dollars and sixty-three cents and costs, with an order for special execution against the attached property; that in procuring the entry-of judgment in…
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Appeal from Bremer District Court. The petition of plaintiff in substance alleges that at the June Term, 1858, of the Mitchell District Court, the defendant, G. B. Mayfield, recovered judgment against plaintiff, a nonresident, through service by publication and attachment of certain property, for nine hundred and twenty-nine dollars and sixty-three cents and costs, with an order for special execution against the attached property; that in procuring the entry-of judgment in said action the plaintiff therein, defendant in this action, through fraud or mistake, procured a recital to be made in…
1Opinion of the CourtDay, J.
1. injunction ; jurisdiction: practice. I. This is an action brought in the Bremer District Court to enj'oin proceedings under an execution issued upon a judgment rendered in the Mitchell District Court. The case of Lockwood v. Kitteringham, 42 Iowa, 257, is, in principle, decisive of this case, notwithstanding the fact that the execution sought to be enjoined in that case was a special one. This case does not fall within the exception alluded to in Lockwood v. Kitteringham, where it is sought to enjoin a sale of property under general execution, upon the ground that the property does not…
2Cases cited3 opinions
- Lockwood v. KitteringhamSupreme Court of Iowa · 1875
- Mayfield v. BennettSupreme Court of Iowa · 1878
- Anderson v. HallSupreme Court of Iowa · 1878
3Cited by6 opinions
- Hawkeye Insurance v. HustonSupreme Court of Iowa · 1902
- Bankers Trust Co. v. ScottSupreme Court of Iowa · 1933
- Gunn v. WagnerSupreme Court of Iowa · 1951
- Keeling v. PriebeSupreme Court of Iowa · 1934
- Ferris v. GrimesSupreme Court of Iowa · 1927
1 more not listed; retrieve them via the Exa API.