Baxter v. Pritchard
Supreme Court of Iowa
Appeal from Ida District Oourt. — IIon. Z. A. Churoit, Judge. Plaintiee, for cause of action, alleges, in substance, as follows: That on September 21, 1897, he recovered judgment against John H. Pritchard for $1,381 debt and $63.91 costs; that on the twenty-first day of January, 1898, an execution was issued thereon to the sheriff of Ida county, where John H. Pritchard resided, which was returned, “No property found”; that on the twenty-ninth day of January, 1897, after the…
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Appeal from Ida District Oourt. — IIon. Z. A. Churoit, Judge. Plaintiee, for cause of action, alleges, in substance, as follows: That on September 21, 1897, he recovered judgment against John H. Pritchard for $1,381 debt and $63.91 costs; that on the twenty-first day of January, 1898, an execution was issued thereon to the sheriff of Ida county, where John H. Pritchard resided, which was returned, “No property found”; that on the twenty-ninth day of January, 1897, after the indebtedness for which said judgment was rendered was contracted, John PL Pritchard! made a pretended conveyance of a…
1Opinion of the Court
Given, O. J.
1 I. Plaintiff’s allegation that he had a judgment against John H. Pritchard;, and that execution thereon had been returned, “No property found,” being denied, the burden was on the plaintiff to prove these essential facts. The only evidence introduced to show that plaintiff had a judgment was the judgment docket, and to this the defendant objected, and his objections were overruled. Code, section 3784, requires that “all judgments and orders must be entered on the record of the court.” Section 288 requires the “proceedings of the court to be entered in the record book,” and…
2Cases cited6 opinions
- Case v. PlatoSupreme Court of Iowa · 1880
- Moore v. McKinleySupreme Court of Iowa · 1882
- Balm v. NunnSupreme Court of Iowa · 1884
- Aultman, Miller & Co. v. HeineySupreme Court of Iowa · 1882
- Winter v. CoulthardSupreme Court of Iowa · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. WielandSupreme Court of Iowa · 1933
- Williams Savings Bank v. MurphySupreme Court of Iowa · 1935
- Bartlett v. WebberSupreme Court of Iowa · 1934
- Thompson v. Great Western Accident Ass'nSupreme Court of Iowa · 1907
- Hoffman-Bruner Granite Co. v. StarkSupreme Court of Iowa · 1906
5 more not listed; retrieve them via the Exa API.