Courtney v. Carr
Supreme Court of Iowa
Appeal from, the Boone District Court. Tliis action was brought to recover ten thousand dollars for the alleged fraud of the defendant, in the sale of certain lands, with a steam mill situated thereon, in Boone county. Plaintiff having made affidavit that defendant was a non-resident of the State, two writs of attachment were issued — one directed to the sheriff of Boone, and the other to the sheriff of Polk county.
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Appeal from, the Boone District Court. Tliis action was brought to recover ten thousand dollars for the alleged fraud of the defendant, in the sale of certain lands, with a steam mill situated thereon, in Boone county. Plaintiff having made affidavit that defendant was a non-resident of the State, two writs of attachment were issued — one directed to the sheriff of Boone, and the other to the sheriff of Polk county. The writ directed to Polk county, was returned served, by attaching certain lots in Des Moines, taken as the property of said defendant, on the twenty-second of April, 1857. The…
1Opinion of the CourtWright, C. J.
— Under the Code, the general rule is, that personal actions must be brought in the county wherein some of the defendants actually reside. If* however, none of them have a residence within this State, they may be sued in any county, wherein either of them may be found. Section 1761. In this case, the defendant was a non-resident; he was not served, or found, in any eóunty; and we must, therefore, refer to other provisions, if any there are, to determine where the suit should have been brought.
In cases of attachment of property, where the defendant is not served, or where the suit relates to…
2Cited by12 opinions
- Matter of Guardianship of MatejskiSupreme Court of Iowa · 1988
- Baldwin v. ThompsonSupreme Court of Iowa · 1864
- Johnson v. . WhildenSupreme Court of North Carolina · 1914
- Johnson v. NelsonSupreme Court of Iowa · 1979
- Laird Bros. v. DickersonSupreme Court of Iowa · 1875
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