Farmers' Insurance v. Highsmith
Supreme Court of Iowa
Appeal from Blade, Hawk District Qourt. The petition in this case alleges that in November, 1872, the defendants recovered a judgment for $1,155.17, in the Circuit Court of Black Hawk county, against the plaintiffs on a policy of insurance.
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Appeal from Blade, Hawk District Qourt. The petition in this case alleges that in November, 1872, the defendants recovered a judgment for $1,155.17, in the Circuit Court of Black Hawk county, against the plaintiffs on a policy of insurance. It is claimed that said judgment is .void for the reason that no original notice was ever served on the plaintiff herein, and that plaintiff had no knowledge of the action on said policy until after the final- adjournment of the term at which said judgment ivas rendered. It is further alleged that plaintiff has a good and meritorious defense to the cause…
1Opinion of the CourtBothbook, J.
I. This is an original action in equity to annul a judgment in an action at law, for an alleged want of jurisdiction of the person of the judgment defendant. The question upon which the case must be determined is that of jurisdiction alone.
1. juRisDicainotioe!sm If the Circuit Court had jurisdiction, in the absence of fraud the judgment cannot be impeached by a suit in equity. It is first insisted by plaintiff that the original notice was insufficient to confer jurisdiction, for the reasons that it does not fix by name the term of court at which defendant was required to appear, and it does…
2Cases cited4 opinions
- Cooper v. SunderlandSupreme Court of Iowa · 1856
- Shawhan v. LofferSupreme Court of Iowa · 1868
- Newcomb v. DeweySupreme Court of Iowa · 1869
- Woodbury v. MaguireSupreme Court of Iowa · 1876
3Cited by14 opinions
- Ackley School District v. HallSupreme Court of the United States · 1885
- Lees v. WetmoreSupreme Court of Iowa · 1882
- Bradshaw v. Des Moines InsuranceSupreme Court of Iowa · 1912
- Murphy v. Albany Pecan Development Co.Supreme Court of Iowa · 1915
- Green v. Equitable Mutual Life & Endowment Ass'n of WaterlooSupreme Court of Iowa · 1898
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