Davis v. Keith
Supreme Court of Iowa
Appeal from, Ceda/r District OouH. Plaintiff and appellant seeks to enjoin the collection of a judgment against him for costs, rendered December, 1864. The petition was filed in September, 1866. Prom the petition and answer it appears that Wills, for the use of Kyder, obtained a decree foreclosing four mortgages against Horton and wife and said Davis. Davis was notified of the pendency of said action, but had thereby no notice that “no personal claim was made against him.”
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Appeal from, Ceda/r District OouH. Plaintiff and appellant seeks to enjoin the collection of a judgment against him for costs, rendered December, 1864. The petition was filed in September, 1866. Prom the petition and answer it appears that Wills, for the use of Kyder, obtained a decree foreclosing four mortgages against Horton and wife and said Davis. Davis was notified of the pendency of said action, but had thereby no notice that “no personal claim was made against him.” The petition for the foreclosure set out the- mortgages made by Horton and wife; that Davis obtained a judgment…
1Opinion of the CourtWright, J.
judgment: diction.'*urls The order dissolving the injunction was clearly right. The notice in the foreclosure proceedings did not notify Davis (the present plaintiff) that no personal claim was made against him. Being duly served he had no right to presume that the plaintiff therein would not demand such relief and such redress as.he was entitled to under the case made by his petition. ' He was bound to take notice of all the matters alleged in the petition. The court thus had jurisdiction, and, beyond all dispute, power to award against him the costs of said proceedings.
Whether the court…
2Cases cited2 opinions
- Standish v. DowSupreme Court of Iowa · 1866
- Harkins v. Edwards & TurnerSupreme Court of Iowa · 1855
3Cited by1 opinion
- Finch v. HollingerSupreme Court of Iowa · 1877