Struble v. Malone
Supreme Court of Iowa
Appeal from the Lucas District Court. This action was brought to recover the amount of a judgment rendered against defendant by the Court of Commop. Pleas of Guernsey county, Ohio. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtWright, C. J.
It is first urged by.appellant, that the. *587summons issued from the common pleas court in Ohio, was not served by any officer known to the law, or one authorized to serve such writs. Whatever force this objection might have if urged, on appeal from the original judgment, in the appellate tribunal in the state where said judgment was rendered, it can have none here. Harts v. Cummings, 1 Iowa, 564; Latterett v. Cook, 1 Ib. 1.
The next objection is, that the court erred in sustaining the demurrer to defendant’s answer. This answer avers that defendant at the time of the alleged service of the…
2Cases cited2 opinions
- Baltzell v. NoslerSupreme Court of Iowa · 1855
- Hart v. CumminsSupreme Court of Iowa · 1855
3Cited by2 opinions
- Sammis v. JamesSupreme Court of Florida · 1893
- Pollard v. BaldwinSupreme Court of Iowa · 1867