Legal Opinion

Watts v. Everett

Supreme Court of Iowa

Decided December 6, 1877PublishedCited by 4 opinions

Appeal from Monona Circuit Cov/rt. Action upon a judgment rendered in the District Court for Allamakee county, in 1863. A demurrer to the petition was overruled and, defendant failing to further answer, judgment was rendered for plaintiff. Defendant appeals.

1Opinion of the CourtBeck, J.

Plaintiff’s petition declares upon a judgment rendered in 1863, by the District Court of Allamakee county. It is not averred in the petition that plaintiff has obtained leave to prosecute the action, required by Code, § 2521, which is in these words: “No action shall be brought upon any judgment against a defendant therein, rendered in any court of record of this state, within fifteen years after the rendition thereof, without leave óf the court, for good cause shown, and on notice to the adverse party. * * * *”

*270The demurrer is upon the ground that the facts stated in the petition do not…

2Cases cited5 opinions

  1. Watson v. New York Central RailroadNew York Court of Appeals · 1872
  2. McCormick v. RuschSupreme Court of Iowa · 1863
  3. Wilcox v. McCuneSupreme Court of Iowa · 1866
  4. Holloway v. ShermanSupreme Court of Iowa · 1861
  5. Schmidt v. HoltzSupreme Court of Iowa · 1876

3Cited by4 opinions

  1. Wooster v. BatemanSupreme Court of Iowa · 1905
  2. Newgirg v. BlackSupreme Court of Iowa · 1916
  3. Whiffin v. HigginbothamNebraska Supreme Court · 1908
  4. Weiser v. McDowellSupreme Court of Iowa · 1895

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