Hawkins v. Rice
Supreme Court of Iowa
Appeal from Kossuth District Court. Action of mandamus to compel defendants, who are the supervisors of Kossuth county, to levy a tax for the payment of a certain judgment in the name of plaintiff, by him before recovered against the county in the District Court of Palo Alto county.
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Appeal from Kossuth District Court. Action of mandamus to compel defendants, who are the supervisors of Kossuth county, to levy a tax for the payment of a certain judgment in the name of plaintiff, by him before recovered against the county in the District Court of Palo Alto county. The answer sets up that plaintiff is not the real party in interest, the plaintiff having, prior to the rendition of the judgment, sold and transferred his interest in and to the cause of action, or any judgment that might be rendered thereon, to one D. P. Eussell. The action was tried to the court, without a…
1Opinion of the CourtBeck, J.
I. No objection was raised in the court below to the defense pleaded to the action. It was tried upon the 1. evidence : Fenínst™-’ nient. ' issues as presented in the answer of defendants. Upon the trial plaintiff testified that he was the owner of the judgment, and that he acquired his *436interest in it through a written assignment from Russell to himself, and a transfer to Russell by him, before judgment, of all his “ right and interest in this cause of action or any judgment that may be rendered” thereon. The original assignment by plaintiff to Russell was received in evidence. Plaintiff…
2Cases cited1 opinion
- Conner v. District Township of LudlowSupreme Court of Iowa · 1872
3Cited by7 opinions
- Worez v. Des Moines City Railway Co.Supreme Court of Iowa · 1916
- Bennett Savings Bank v. SmithSupreme Court of Iowa · 1915
- McEwen v. FletcherSupreme Court of Iowa · 1914
- Swanson Automobile Co. v. StoneSupreme Court of Iowa · 1919
- State v. BelvelSupreme Court of Iowa · 1893
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