Scott v. Luther
Supreme Court of Iowa
Appeal from Oherohee Oirouit Oowrt. This action is upon a promissory note. In addition to the ordinary allegations pf a petition on a note, it is averred that the note was executed and delivered in the.State of Pennsylvania, and, it being what is denominated a judgment note, plaintiff took judgment thereon in rem, in that state, without any service of summons or notice on defendant; that she afterward commenced a suit on said judgment in the Cherokee Circuit Court, and…
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Appeal from Oherohee Oirouit Oowrt. This action is upon a promissory note. In addition to the ordinary allegations pf a petition on a note, it is averred that the note was executed and delivered in the.State of Pennsylvania, and, it being what is denominated a judgment note, plaintiff took judgment thereon in rem, in that state, without any service of summons or notice on defendant; that she afterward commenced a suit on said judgment in the Cherokee Circuit Court, and declared thereon as a personal judgment; that upon the trial of said cause the Circuit Court found said judgment to be but a…
1Opinion of the CourtRothbock, J.
-I. There seems to have been a contest on the question made as to the execution of the note. The record does not contain the evidence on this branch of the case, and that question is, therefore, not properly here for consideration. There is an objection made to one of the instructions to the jury on this question, but, as we do not have the evidence, we are unable to determine whether there was any prejudicial error in the instruction of which complaint is made.
II. The answer of defendant exhibits the record of the Pennsylvania judgment, and.also the whole record of the suit on that judgment…
2Cited by4 opinions
- Shaw v. BorchersTexas Commission of Appeals · 1932
- Galt v. ProvanSupreme Court of Iowa · 1906
- Zalesky v. Iowa State InsuranceSupreme Court of Iowa · 1897
- Kirkhart v. RobertsSupreme Court of Iowa · 1904